KUSUM HARILAL SONI versus CHANDRLKA NANDLAL MEHTA AND ANR.

KUSUM HARILAL SONI versus CHANDRLKA NANDLAL MEHTA AND ANR.

The MOU and unregistered agreement between mother and daughter were found to be collusive and created to delay and frustrate execution of the order for compensation. The High Court erred in setting aside the attachment as the property was rightly attached in execution proceedings.

Parties
Appellant: Kusum Harilal Soni; Respondent No. 1: Chandrika Nandlal Mehta; Respondent No. 2: Chetana Mehta
Jurisdiction
India
Judgment Date
12 April 2016
Procedural Posture
Civil Appeal / Appeal From High Court Order Setting Aside Attachment in Execution Proceedings
Outcome
appeal allowed
Legal Topics
Execution of Decree, Eviction, Attachment of Property, Compensation, Fraudulent Transfer, Collusive Transaction
Civil Procedure Property Law Tenancy/rent Law Execution of Decree Eviction Attachment of Property Compensation Fraudulent Transfer +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kusum Harilal Soni

Appellant

Chandrika Nandlal Mehta

Respondent No. 1

Chetana Mehta

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Order Setting Aside Attachment in Execution Proceedings

Legal Issues

  1. 1 Whether the setting aside of attachment of property on the basis of MOU and unregistered agreement was justified?
  2. 2 Whether the documents relied upon by respondent no. 2 were bona fide or created to defeat execution of decree for compensation?

Ratio Decidendi

The MOU and unregistered agreement between mother and daughter were found to be collusive and created to delay and frustrate execution of the order for compensation. The High Court erred in setting aside the attachment as the property was rightly attached in execution proceedings.

Court Disposition

appeal allowed

Orders

  • High Court order setting aside the attachment is set aside.
  • Appellant is free to carry out the execution and realize compensation from the attached flat.