Ram Sewak vs Bahal - 1935 Supreme(All) 455

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1935 Supreme(All) 455

Ram Sewak – Appellant
Versus
Bahal – Respondent

JUDGMENT

1. This is a plaintiff's appeal arising out of a suit for a declaration that a certain property belongs to the plaintiff and does not belong to Raghubir and is not attachable and saleable in execution of the decree of Banal and others against Raghubir. There was a suggestion in the trial Court that a previous decree obtained by the plaintiff against Raghubir was a collusive decree, but no issue was framed on the point, and although the defendants lost in the first Court, they did not raise that question again in the grounds of appeal to the lower appellate Court. The point must be taken to have been abandoned. On the question of fact the finding is in favour of the respondent that the deed of gift executed in favour of the plaintiff's father was not a genuine transaction, but was a fictitious document executed with some ulterior motive. It follows therefore that the plaintiff is not entitled to base his claim on the deed of gift.

2. The only question that remains is the question of res judicata. It appears that on a previous occasion one Sitaram had attached this property in the hands of his judgment-debtor Raghubir in execution of his decree against him. The present plainti

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