sale deed executed in breach of order of attachment is clearly void and hit by section 53 of Transfer of Property act - Sub registrar directed not to register sale deed after attachment of property.

Citation

CDJ 2017 MHC 5354

K.Kumaresan and others vs M/S.Suryalakshmi finance limited

Head Note

Code of Civil Procedure - Section 115, Order 21 Rule 66,Order 38 Rule 5 - Transfer of property Act -Section 53 - Fraudulent Transfer - Attachment - Petitioner Challenged order of Executing court which dismissed petition to set aside attachment of properties -

Court Held - Order of Executing court confirmed - Petitioners/3Parties/Claimants directed to pay cost to 1st Respondent /Plaintiff - First Defendant /Judgment Debtor directed to pay cost to Plaintiff - Executing court to dispose of executing petition within stipulated time - Inspector General of Registration directed to issue appropriate orders to their subordinates not to register any documents if any competent Civil Court ordered attachment in respect of particular properties in their respective Registrar Offices - In case of any violation, Inspector General of Registration directed to take appropriate action against erring Registrars/Sub-Registrars - Civil Revision Petition dismissed.

Para - 27

Cases Relied:
S.Ravikumar and others v. R.M.Manivasagam and others - 2010 (5) CTC 580
C.Subramanian v. N.Chockalingam Asari and another reported in 2011 (2) CTC 401.

Cases Referred:
K.J.Prakash Kumar and others v. Rasheeda Yasin and anotherreported in 2009 2 LW 376


Comparative Citations:
2017 (5) LW 614, 2018 (1) MWN(Civil) 15,