Balrajwinder Singh v. Jasbir Singh Kooner and Others
Case brief
What is this about?
Transfer by judgment debtor during pendency of a claim petition, to defeat the rights of claimants in a likely award — ignored under Section 53, Transfer of Property Act 1882; Executing Court dismissed the objector's objection petition; appellant's contention based on Section 52 of the 1882 Act (property not subject matter of the claim petition) noted, but the Court found no ground to interfere as the order rested on Section 53; appeal dismissed (Punjab & Haryana High Court, Anil Kshetarpal J., 21.05.2025); no monetary quantum involved.
What did the court decide?
It stands proved on record that the Judgment Debtor transferred the property in favour of the appellant in order to defeat the rights of the claimants in the award likely to be passed against respondents No. 2 and 3 in the claim petition; the objection petition was therefore rightly dismissed applying Section 53 of the Transfer of Property Act, 1882.