Transfer of subject property pendente lite to third party by defendant after receipt of pre-suit notice, after issuance of summons in money suit and after issuance of notice in attachment before judgment application - Against the order passed in order 21 Rule 58, civil miscellaneous appeal maintainable

Citation

AIROnline 2021 Mad 4407

Madras High Court

(MADURAI BENCH)

S. VAIDYANATHAN , J. and

DR . G. JAYACHANDRAN , J.

C.M.A.(MD) - 360 of 2012 D/- 23 - 12 - 2021

K. Thirumalaivadivu v. S. Rajasekaran and Ors.

Civil P.C. (5 of 1908), O.21 R.58(4), O.38

R.8 - Transfer of Property Act (4 of 1882),

S.52, S.53 - Adjudication of claim - Objection

to attachment before judgment - Transfer

of subject property pendente lite to third

party by defendant after receipt of pre-suit

notice, after issuance of summons in money

suit and after issuance of notice in attachment

before judgment application - I A's filed

by third party/purchaser to adjudicate title

and raise attachment of property before

judgment - Inconsistency regarding payment

of sale consideration proves that sale deed was

collusive and fraudulent document created

with intention to defeat creditor and order of

attachment - Third party cannot be construed

as bona fide purchaser on failure to give

accounts for payment of sale consideration

- Creation of stamped document ante-dating

payment unravels intention of third party

to defeat creditors, who already initiated

recovery proceedings - Order directing to

raise attachment before judgment, erroneous.

 (Paras 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18

, 19 , 20 , 21)