The two defendants against whom the suit has been decreed is the appellants. The plaintiffs-Indian Overseas Bank, Pondicherry, got a money decree against the second defendant-Ramaswamy Mudaliar on 19. 1975 by a Judgment of the High Court, for a sum of Rs.33,893. In execution of that decree in E.P.No.45 of 1976 the plaintiff attached the suit property-a house belonging to the second defendant on 210. 1976. In the meanwhile, after filing of the suit on 111. 1964, the second defendant on 211. 1964 executed a sale deed in respect of the suit property in favour of the first defendant-his brother in law. First defendant filed a claim petition on the basis of the said sale deed, the certified copy of which is Ex.B-1 and claim petition was allowed on 111. 1977. The plain tiff filed the present suit for setting aside that claim order, pleading that the alleged sale deed executed by the second defendant in favour of the first defendant is a benami transaction and only’ the second defendant was the owner in spile of the sale deed.

2 The suit was resisted by the defendants contending inter alia that the sale deed is true and genuine one and not a benami transaction as alleged and th