Milap Chandra Jain, J. - (1.) This appeal has been against the judgment of the learned Addtional District Judge. Churu dated April 21, 1976 by which the plaintiff-appellant's suit filed under Section 53, Transfer of Property Act has been dismissed.
(2.) The plaintiff-appellant filed the said suit with the averments, in short as follows. About 15 lacs were outstanding against the defendant- respondent No. 1 Prithvi Raj Daga as arrears of income-tax relating to several assessment years including assessment year 1952-53. During the penalty proceedings taken against him, it was revealed that he had transferred all his immovable properties, specifically described in Para No. 8 of the plaint the plaintiff-respondent No. 2 Sujangarh Investment and Trading Company for Rs. 93,000/- through registered sale-deed dated March 5, 1956. This sale-deed was void as it was executed to defeat the claim of the plaintiff and other creditors and it was without consideration. The defendant respondent Company was incorporated with this object and the members of the family and relations of the defendant respondent Prithvi Raj were only its share holders. Out of the properties sold, the defendant- respondent Company has transferred a' Nohra' to the defendant- respondents No. 3 to 8 through registered sale-deed dated March 19, 1959. It was also a sham transaction. Both these transactions were benami transactions.
(3.) The defendant-respondent Nos. 1 and 2 admit in their separate written statements that the sale-deed dated March 5, 1956 transferring the immovable properties was executed by the defendant No. 1 in favour of the defendant No. 2 for a consideration of Rs. 93,000/- The defendants Nos. 2 and 3 to 8 admit in their separate written statements that sale-deed dated March 19, 1959 was executed in respect of the 'Nohra' by the defendant No. 2 in favour of the defendants Nos. 3 to 8 for consideration of Rs. 5,000/-. All the defendants have averred that these sale-deeds have lawfully been executed for consideration and they represent valid transaction. The remaining part of the plaint allegations have been denied by them in their written statements.;