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1985 Supreme(Kar) 256

K.J.SHETTY, M.S.PATIL
BASAVEGOWDA – Appellant
Versus
S. NARAYANASWAMY – Respondent


Advocates:
C.R.V.SWAMY RAO, G.RAGHURAM, H.S.SUNDARAKUMAR, H.T.NARAYANA, Kadidal Manjappa, M.S.PURSHOTAM RAO, Q.VEDAVYASACHAR, S.GUNDAPPA, V.K.VARADACHARI

JAGANNATHA SHETTY, J.

( 1 ) THESE four appeals are directed against the common judgment and decree dated September 25, 1974 made by the civil Judge at Mandya in O. S. Nos. 21 of 1969 and 62 of 1970. Both the suits were by creditors, apparently under Section 53 of the transfer OF PROPERTY ACT, 1882. The creditors have impeached the bona fides of transfer of plaint 'a', 'b' 'c' schedule properties effected by their debtor-Channiah.

( 2 ) TO avoid confusion, we consider it would be convenient to refer to the parties by their array in O. S. No. 21 of 1969. Channiah-defendant-1 is the father of defendants 4 to 7. He was an 'a' class P. W. D. Contractor and the owner of 'a', 'b' 'c' schedule properties. Defendant-3 is the brother of Channiah, but taken in adoption by his uncle. Defendant-2 is a businessman with whom channiah used to buy his requirements. 'a' schedule consists of a house at mandya Town; 'b' schedule consists of six items out of which 5 are agricultural lands and one is a village house and 'c' schedule also consists of 5 items out of which one is again a village house and the rest are agricultural lands.

( 3 ) ON Mach 28, 1966, Channiah sold under Ex. D-1 the 'a' schedule

















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