This First Execution Appeal concerns the enforcement of a statutory charge under Section 55(6)(b) of the Transfer of Property Act. The High Court of Kerala held that the charge runs with the land and binds the subsequent transferee, finding no evidence of improper conduct by the vendor. The court dismissed the appeal.
The appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
Ex.FA.No. 36 of 2016
AGAINST THE ORDER IN E.A.No.300/2015 IN E.A.No.879/2013 IN E.P.No.291/2013 IN O.S.No.530/2011
APPELLANT : CLAIM PETITIONER :
VISWANATHAN, AGED 65 YEARS, S/O.LATE GOPALAKRISHNAN, KANGATHUPARAMBU HOUSE, KOVILVATTOM DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, NOW RESIDING AT PADANNAYIL, THEKKUMBHAGOM, TRIPUNITHURA 682 301.
BY ADVS.SRI.V.B.NARAYANAN
SRI.M.P.HARIKUMARAN PILLAI
SRI.ABDUL SUDHEER
RESPONDENTS : RESPONDENTS :
THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.CHITAMBARESH & ANIL K.NARENDRAN, JJ.
Ex.F.A.No.36 of 2016
Dated this the 4th day of November, 2016
JUDGMENT
Chitambaresh, J.
The charge under Section 55(6)(b) of the Transfer of Property Act is statutory in character and runs with the land. The appellant who is a subsequent transferee cannot wriggle out of the charge under the circumstances. The court below has found that there is no evidence to show that the vendor has improperly declined to accept delivery of the property in order to get over the statutory charge.
The order of the court below rejecting the claim petition put in by the appellant under Order XXI Rule 58 calls for no interference. The Appeal is dismissed.
Sd/-
V.CHITAMBARESH, JUDGE
Sd/-
ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
2 issues framed by the court
Whether the charge under Section 55(6)(b) of the Transfer of Property Act being statutory and running with the land binds the subsequent transferee.
Whether the order below rejecting the claim petition under Order XXI Rule 58 CPC requires interference.
2 provisions across 2 enactments
VISWANATHAN
K.K.VENU
K.R.ANOOP
V. CHITAMBARESH
ANIL K. NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
