unless the agreement is registered if executed by the judgment debtor prior to the levy of attachment then such a transfer cannot be accepted as a valid transfer in favour of such a third party purchaser unless the same is registered

Citation

CDJ 2005 BHC 409

Vibra fibre private Ltd vs Aryaman financial services Ltd

Head Note

Code of Civil Procedure, 1908 - Order 21 rule 54, Section 64(2) - Transfer of Property Act - Section 53 A - Attachment and sale - Part performance of the agreement for sale - It is clear that unless the agreement is registered if executed by the judgment debtor prior to the levy of attachment then such a transfer cannot be accepted as a valid transfer in favour of such a third party purchaser unless the same is registered The provisions of s.53 A does not take into consideration any such eventualities where the rights are transferred by the judgment debtor in favour of third parties so as to avoid execution of decree against his properties. This court do not find any substances in the contentions advanced by the learned counsel for the applicant in so far as the same are based on section 53 A of the Transfer of Property Act are concerned. Admittedly the agreement is executed by the judgment debtor in favour of the applicant after the date of the decree but before the date of attachment of the said property. The said agreement admittedly is not registered as required under sub-section 2 of section 64 of the Act. In view thereof this court do not find any merits in the contentions advanced by the learned counsel for the applicant. Thus accordingly dismiss the present chamber summons.

Para 8 & 9

Case Law Referred :
1.Sumikin Bussan International (Hong Kong) vs. Manharlal T. Mody and Mrs. Kalpu R. Gandhi and Anr.
2.Brahmdeo Chaudhary vs. Rishikesh Prasad Jaiswal and Anr. AIR 1997 SC 856 (Para 7).
3.Dharmaji alias Baban Bajirao Shinde vs. Jagannath Shankar Jadhav AIR 1994 Bombay 254 (Para 8).
4.Vannarakkal Kallalathil Sreedharan vs. Chandramaath Balakrishna and Anr. 1990 (3) SCC 291 (Para 7).
5.Sardar Govindrao Mahadik and Anr. vs. Devi Sahai and Ors. AIR 1982 SC 989 (Para 8).
6.Tshering Wongdi Bhutia vs. Sonam Pintso and Ors. AIR 1981 Sikkim page 1 (Para 8).
7.Nathulal vs. Phoolchand AIR 1970 SC page 546 (Para 8).
8.Gokarakonda Audinarayudu vs. Surapureddi Mangamma AIR (30) 1943 Madras 706 (Para 7).

Comparative Citations:
2005 (3) BCR 537, 2005 (2) MAH.L.J 1160, 2005 (4) ALL MR 914, 2005 (3) BLR 541