Mockett, Offg. C.J.

1. In these connected appeals respondent 1 filed a suit O.S. No. 109 of 1941 against Elayaperumal Naicker as defendant 1, his wife Rule Balammal as defendant 2 and his daughter Krishnaveni Ammal, as defendant 4. There was also a claim against one Nataraja Pillai, defendant 4, Defendant 1s clerk relating to the transfer of a motor-car. Defendants 2 and 8 appeal and so far as they are concerned the form of the suit was for a declaration that certain alienations made in favour of the wife and daughter respectively were benami in nature for the purpose of defrauding Defendant 1s creditors. The learned trial Judge, Chandrasekhara Aiyar J., decreed the suit in favour of the plaintiff and defendant 3 appeals in Order S.A. No. 79 of 1942 and defendant 2 in Order S.A. No. 8 of 1943. The form of the plaint, and this is made clear by the prayer, is for a declaration that the properties transferred to the appellants were benami in nature. Paragraph 5 states that the transactions are benami and fictitious. This means that the plaintiff alleges not that there was an actual transfer to the defendants but that there was only a transfer in form, the actual property remai