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T. R. RAVI
V. Jyothi, W/O M. K. Vasavan – Appellant
Versus
Sathyabhama, W/O M. K. Raveendran – Respondent
JUDGMENT :
T.R.Ravi, J.
The claimant in E.A.No.753 of 1999, E.P.No.19 of 1999, and O.S.No.258 of 1996, on the file of the Sub Court, Palakkad, has challenged the rejection of the claim in this appeal.
2. The respondents 1 to 3 filed O.S.No.258 of 1996 against the 4th respondent claiming maintenance. The 1st respondent is the wife of the 4th respondent and respondents 2 and 3 are the children of respondents 1 and 4. The suit was filed on 05.03.1996. In I.A.No.1294 of 1996 in O.S.No.258 of 1996, the Court had passed an order of injunction restraining the 4th respondent from alienating the plaint schedule property. While the order of injunction was in force, the brother of the 4th respondent, on the strength of a power of attorney executed by the 4th respondent in his favour on 5.3.1996, the day on which the order of injunction was issued, transferred the plaint schedule property in favour of the appellant, his wife, as per document No.3605 of 1996 (Ext.X1). The document was executed and registered on 12.09.1996. The claim petitioner availed a loan from Palakkad District Co-operative Bank on 19.11.1996 by creating an equitable mortgage by deposit of Ext.X1 document. The files of the Bank
Transfers made during an injunction are void; claimants must prove bona fides as transferees to assert rights over attached property.
A party cannot assert ownership or set aside property attachments if the property was previously alienated during a court-ordered attachment, regardless of purported ignorance of such order.
(1) Attachment before judgment cannot extend to properties which have already been alienated prior to institution of suit – Attachment before judgment cannot override a prior completed transfer.(2) E....
A transfer made with knowledge of an attachment before judgment can be contested as fraudulent under Section 53 of the Transfer of Property Act.
Debt can be defined as an obligation to pay an ascertained sum of money, and therefore, a claim for compensation does not come within that purview.
Rule 58 of Order XXI C.P.C., which is extracted as adjudication of claims to or objections to attachment of property.
The court determined that a pre-attachment transfer of property is valid if no evidence demonstrates fraud under Section 53 of the Transfer of Property Act.
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