Judgement

Appeal (No. 40 of 1943) from a judgment and decree of the High Court (November 9, 1938) which affirmed a judgment and decree of the Civil Judge of Aligarh (December 14, 1936).

The following facts are taken from the judgment of the Judicial Committee One Seth Kashi Nath obtained a decree (in suit No. 42 of 1930) against the present respondents Nos. 2, 3 and 6, and one Lala Sagarmal. Lala Sagarmal died, and his sons, the present respondents Nos. 4 and 5, were substituted for him on the record in the present suit. The respondent No. 6 had been declared insolvent and the Official Receiver, Aligarh, was also brought on the record in the present suit. (For convenience the original defendants to suit No. 42 of 1930 or those representing their interests from time to time will all be included in the words "the debtors".) Seth Kashi Nath having obtained his decree applied to attach certain immovable property as being the property of the debtors and liable to be sold in execution of the decree. He was met by an objection filed on behalf of the present appellants claiming the property as trustees under a deed of May 25, 1929. The objection was allowed. Thereupon Seth Kashi Nath comme