V.A.Appuhamy, V. Belin Nona

1952 Present: Choksy A.J.

V. A. APPUHAMY Appellant, and BELIN NONA, Respondent

S. C. 193-C. R. Kegalle, 18,327

Paulian action-Alienation in fraud of creditors-Fraud of purchaser-Requirement of proof thereof.

Where a deed of sale is impeached by a judgment-creditor on the ground that it was executed by the judgment-debtor in fraud of creditors, there must be proof of fraud not only on the part of the judgment-debtor but also on the part of the purchaser, at least where the consideration has been paid.

APPEAL from a judgment of the Court of Requests, Kegalle.

C. R. Gunaratne, with T. B. Dissanayake, for the plaintiff appellant.

H. W. Jayewardene, for the respondent.

Cur. adv. vult.

February 6, 1952. CHOKSY A.J.-

The first defendant obtained a decree against the second defendant in C. R. Kegalle 17,277 on the 1st May, 1947, for a sum of Rs. 149. It appears that the claim in that action had been referred to arbitration. The arbitrator made an award on 12th November, 1946, in favour of the first defendant. This award was made a decree of Court on the 1st May, 1947. In pursuance of that decree the first defendant who was the jud

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