Judgement

Appeal from a judgment of the High Court (April 3, 1907) reversing a judgment of the Subordinate Judge of Mozufferpore.

The appellants instituted two suits for declarations that each of two conveyances of land made by one Kishun Benode on September 2, 1901, was voidable under s. 53 of the Transfer of Property Act, 1882, as being made with intent to defraud, defeat, or delay creditors. One of the conveyances was in favour of one Kamta Prashad, the other in favour of the respondents. The latter conveyance stated that the consideration for its being made was the sum of Rs. 42,656, of which Rs. 30,309 were set off against a debt due to the transferees, and that the balance was left on deposit with them on account of debts due to certain other creditors.

The circumstances under which the conveyances were made appear from the judgment of their Lordships.

The two suits were tried together, and the Subordinate Judge set aside both conveyances. As to that in favour of Kamta Prashad he found that there was no consideration and that it was made in fraud of

50 Law. Rep. 43 Ind. App. 104 ( 1915- 1916)

Musahar Sahu V. Hakim Lal 151

the creditors. In the case of the conveyance to the resp