whether the subject matter of disputed immovable property was attached and sold in the excution of the money decree, in favour of close relative is a fradulent transfer under sec.53 of T.P. Act ? 2019 ACJ [APEX COURT JUDGEMENTS] VOL.NO.1 / 2019 APEX COURT DIGEST VOL. NO.1

2019 ACJ [APEX COURT JUDGEMENTS] VOL.NO.1 / 2019 APEX COURT DIGEST VOL. NO.1

  1. Or.21, rule 90 CPC to set aside the sale- Money suit was decreed – Dhr filed execution petition attaching the immovable property which forms the subject matter of the dispute in another suit – A sale proclamation was issued. The property was sold in execution on 27 January 2010. The property was purchased on 10 April 2006 by a registered deed of sale by the decree holder. An application was filed to set aside the sale under Order XXI Rule 90 of the Code of Civil Procedure 1908. -The Executing Court dismissed all the execution applications – The High Court found that the sale had taken place in favour of the appellant after the debt was incurred and pending the suit. Moreover, the transfer was to a close relative. Hence, the High Court held that the transfer was fraudulent, in terms of Section 53 of the Transfer of Property Act. Consequently, the order passed by the Executing Court was affirmed. – on compromise, the apex court passed conditoinal order setting aside the sale.