SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1976 Supreme(All) 333

K.N.SETH
Official Receiver, Muzaffarnagar – Appellant
Versus
Chandra Shekhar – Respondent


Advocates:
R.H. Zaidi, for Appellant; B. Dayal and Vishnu Sahai, for Respondents.
Judgement

JUDGMENT :-

This appeal arises out of an insolvency proceeding. Ghasita was adjudged insolvent on 24-2-1967 in Insolvency Case No. 78 of 1966. The Official Receiver filed a petition for annulment of three sale deeds executed by him on 24-5-1966. Two of the sale deeds were in favour of his two sons, Fazla and Qasim. The third sale deed was executed in favour of respondents Nos. 1 to 3. It was alleged that the sale deeds in favour of the sons were without consideration and fictitious and had been executed solely for the purpose of defrauding and defeating the creditors. With regard to the third sale deed. it was asserted that the vendees knew fully well of the indebtedness of Ghasita and had also knowledge that the property had been attached before judgment at the instance of Yasin, creditor, in suit No. 428 of 1966 of the Court of the Munsif, Muzaffarnagar, and that respondents Nos. 1 to 3 were not transferees in good faith and the sale deed was executed for inadequate consideration and to save the property from the creditors.

2. The petition was contested by respondents Nos. 1 to 3 who pleaded that they were purchaser for value in good faith and that they had no knowledge of indebte















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top