Surender Singh vs Richpal
2022 Latest Caselaw 14903 P&H

CR No. 1664 of 2019                                                                 1


            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH
243
                                         *****

                                                               CR No. 1664 of 2019
                                                       Date of Decision : 22.11.2022


Surender Singh                                                         ...... Petitioner
                                         Versus
Richpal                                                             ...... Respondent


CORAM : HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present :      Mr. Sandeep K. Sharma, Advocate, for the petitioner
               Mr. Deepak Girotra, Advocate, for the respondent
               ---

TRIBHUVAN DAHIYA, J.

1. This revision petition has been filed under Article 227 of the

Constitution of India impugning the order dated 3.1.2019 passed by the

Executing Court dismissing an application for attachment of property owned by

the respondent/judgment debtor that was transferred by him by way of lease

deed dated 20.2.2014 in favour of his son just before passing of the decree in

question on 1.5.2014.

2. Learned counsel for the petitioner contends that the trial Court has

wrongly dismissed the application ignoring the provisions of Section 53 of the

Transfer of Property Act, 1882 (for short 'the Act'), which are to the effect that

every transfer of immoveable property made with intent to defeat or delay the

creditors of the transferor shall be voidable at the option of any creditor so

defeated or delayed.

3. A perusal of the impugned order shows that the application has

been dismissed by the Executing Court without adverting to provisions of

1 of 2

Section 53 of the Act, which apparently have a bearing on the issue raised in the

application moved by the petitioner/decree holder.

4. In view of the aforesaid, it is deemed appropriate to set aside the

impugned order dated 3.1.2019 and remand the matter to the Executing Court

for afresh adjudication by taking into consideration provisions of Section 53 of

the Act and all other relevant material.

5. The parties would be at liberty to take all pleas before the

Executing Court. They are directed to appear before the Court on 19.12.2022.

6. Disposed of.

                                                          (TRIBHUVAN DAHIYA)
                                                                   JUDGE

22.11.2022
A  w   



                      Speaking/Reasoned           :      Yes/No
                      Reportable                  :      Yes/No




                                         2 of 2