( 1 ) FIRST defendant filed O. S. 199 of 1960 against the second defendant for recovering a sum of Rupees 1,200/- with interest due on a promissory note executed on 5-7-1957. That suit was decreed in favour of the first defendant. Thereafter he filed execution petition No. 9/64 for execution of the decree by sale of the property of the second defendant on which attachment before judgment was levied. Plaintiff filed Execution Application No. 297 of 1964 in Execution Petition 9/64 for raising the attachment. He based his claim on the ground that the property under attachment belongs to him. That claim petition was rejected by the Executing Court. He therefore filed the present suit for declaration of his tittle and pleaded that the property under attachment was settled upon him by the second defendant under Ex. A-1 dated 27-6-1958. Second defendant (judgment-debtor) is the brother-in-law of the plaintiff and also his sisters son.

( 2 ) LEARNED trial Judge held that there was no unavoidable necessity for the second defendant to settle the property under attachment upon the plaintiff and that he had done so in order to escape his liability flowing from his debt. He also