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1916 Supreme(Mad) 134

J.WALLIS, PHILLIPS
P. A. Raghunatha Chari – Appellant
Versus
N. S. Aravamuthaiyangar – Respondent


JUDGMENT

John Wallis, C.J.

1. This is a case in which the parties have so conducted themselves as to make it difficult to arrive at the exact truth. The main consideration for the sale-deed, Exhibit A, which was executed on the 13th July 1897 though dated the 10th, is a promissory note, Exhibit B, which there is evidence to show was antedated and was really executed on the same day as the sale-deed, Exhibit A. Exhibit B was for Rs. 3,200 made up of five items, and on the same day a conditional sale-deed of other items for Rs. 1,150, Exhibit GG, was executed, and there is evidence that a third sale-deed of other items for Rs. 500 was prepared but not executed. These deeds purport to show an indebtedness of Rs. 5,150 on the part of the 1st defendant to the plaintiff. The defendants pleaded that the sale-deed sued on was benami, and the 2nd defendant, the son, also pleaded that in any case it was not executed for antecedent debts, but to defraud creditors from whom the 1st defendant had borrowed for immoral purposes. At the trial the case set up for the 2nd defendant was that Exhibit A was part of a scheme to defraud the creditors of the 1st defendant and that Exhibit A was nominal and

















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