1961 (9) TMI 87 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the transfer in favor of respondent 1 was benami and fraudulent.
2. Whether the sale by the Official Receiver bound the shares of the appellants.
3. Whether the trial court had jurisdiction and the correct court fees were paid.
4. Whether the properties were joint family properties or self-acquired by respondent 2.
5. Whether the appellants could plead fraud as a defense against respondent 1's claim.

Detailed Analysis:

1. Whether the transfer in favor of respondent 1 was benami and fraudulent:
The appellants and respondent 2 argued that the transfer in favor of respondent 1 was benami, meaning that respondent 1 was not the real owner of the properties. Respondent 2 provided an antecedent history, alleging that due to heavy business losses and debts, he executed nominal mortgage and transfer deeds in favor of respondent 1 on the advice of Suryaprakasa Sastrulu. These deeds were claimed to be collusive and without consideration. Respondent 2 further alleged that the properties were purchased by Kanthamani Seshamma with her own money but benami in the name of respondent 1, with an agreement to reconvey the properties to respondent 2's family. The trial court found that the purchase by respondent 1 was a benami transaction intended to defraud creditors, and that respondent 1 had not obtained possession of the properties.

2. Whether the sale by the Official Receiver bound the shares of the appellants:
The trial court, following the Full Bench decision in Ramasastrulu v. Balakrishna Rao, held that the right of respondent 2 as the father and manager of the undivided Hindu family to sell the shares of his sons for purposes binding on the family did not vest in the Official Receiver upon his insolvency. Therefore, the sale by the Official Receiver to respondent 1 did not bind the shares of the appellants. This finding was upheld by the appellate court and the High Court.

3. Whether the trial court had jurisdiction and the correct court fees were paid:
Issues 8 and 9 addressed the court fees and jurisdiction. The trial court found that it had jurisdiction to try the suit and valued the subject matter at Rs. 2,411-7-2, on which additional court fees were paid by respondent 1. This finding was not contested further.

4. Whether the properties were joint family properties or self-acquired by respondent 2:
Respondent 1 amended his plaint to allege that the suit properties were the self-acquired properties of respondent 2, thereby claiming that the appellants had no interest in them. The trial court, however, found that the properties were joint family properties. Alternatively, even if they were initially self-acquired, they had been blended with the family properties, thus becoming joint family properties. This finding was upheld by the appellate court and the High Court.

5. Whether the appellants could plead fraud as a defense against respondent 1's claim:
The High Court initially held that the appellants and respondent 2 were estopped from pleading fraud against respondent 1, as the fraud had been effectively carried out. However, upon appeal to the Supreme Court, it was argued that where both parties are equally guilty of fraud, the estate should remain where it lies. The Supreme Court emphasized that considerations of public policy should guide the decision. It held that allowing the plea of fraud would prevent the court from being used as an instrument of fraud and would be less injurious to public interest. Consequently, the Supreme Court allowed the appeal, dismissing respondent 1's suit and ruling that the property should remain with the appellants and respondent 2.

Conclusion:
The Supreme Court allowed the appeal, emphasizing that in cases of mutual fraud, the estate should remain where it lies to prevent the court from being used to enforce a fraudulent transaction. The suit by respondent 1 was dismissed, and each party was directed to bear their own costs.