1962 Present: Basnayake, C. J., Herat, J., and Abeyesundere, J.

MUKTHAR, Appellant, and ISMAIL, Respondent

S. C. 123-D. G. Kandy, 4877/L

Fraudulent alienation-Circumstances in which a sale which is alleged to be in fraud of creditors can be set aside-Combination of Paulian action and action under section 247 of the Civil Procedure Code-" Creditor "-" Debt "-Claim for unliquidated damages in a pending action is not a, debt-Civil Procedure Code ss. 244-247, 653.

In a Paulian action which was combined with an action under section 247 of the Civil Procedure Code-

Held, that it is only a creditor in esse Who can claim that an alienation Was made to his prejudice. A creditor is a person to whom a debt is owing by another person. A debt exists when a certain sum of money is owing from one person (the debtor) to another (the creditor) in the form of a judgment debt or a contract debt or, more specially, what is called in English law a specialty debt.

A claim for unliquidated damages does not fall within the ambit of the expression " debt ". Accordingly, where, pending an action for unliquidated damages, the defendant buys certain property and