S.Aniyan v. Indira
Case brief
What is this about?
Revision petition regarding dismissal of execution application for attachment of inherited property. Court held execution court must examine fraud allegation under Sec 53 TP Act and remit matter.
What did the court decide?
Impugned order set aside; matter remitted to court below for fresh disposal within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 23RD DAY OF SEPTEMBER 2014/1ST ASWINA, 1936
CRP.No. 458 of 2011 ( )
EA.355/2010 IN EP.118/2009 IN OS 256/2001 of PRINCIPAL SUB COURT,KOLLAM
REVISION PETITIONER/PETITIONER/DECREE HOLDER:
S.ANIYAN, KETTUNGASSERIL VEEDU, ASRAMAM P.O. KOLLAM EAST VILLAGE, KOLLAM-691001.
BY ADV. SRI.B.SURESH KUMAR
RESPONDENT/RESPONDENT/JUDGEMENT DEBTOR:
INDIRA, ARAKKAL VEEDU, ASRAMAM P.O., KOLLAM EAST VILLAGE KOLLAM-691001.
R,R1 BY ADV. SRI.N.DHARMADAN (SR.) R,R1 BY ADV. SMT.D.P.RENU,CGC,
Issues for consideration
2 issues framed by the court
Whether the execution court can examine if the transfer of inherited property in Ext.B2 was fraudulent under Section 53 of the Transfer of Property Act, 1882.
Whether the burden lies on the judgment debtor to prove the transfer was not intended to defraud the decree holder.
Parties & counsel
- petitioner
S.ANIYAN
- respondent
INDIRA
Coram
B.KEMAL PASHA
Case details
As recorded by the court registry
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