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Supreme Court of India 2016-04-12 allowed

Kusum Harilal Soni vs Chandrika Nandlal Mehta & Anr

Bench: 2 — Arun Mishra

In Brief

A landlord obtained a final eviction order in 2000 against a tenant, with compensation of Rs. 8,000 monthly from November 1994. After the order became final, the tenant transferred the flat to her daughter via an unregistered deed dated June 2001. The landlord attached the flat during execution proceedings to recover compensation. The daughter challenged the attachment; the High Court set it aside. The Supreme Court allowed the landlord's appeal, holding the transfer fraudulent and collusive because it was executed after the final decree, was unregistered, and showed no evidence of bona fide transfer. The attachment was valid and execution could proceed.

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Civil Procedure Execution of Decrees Attachment Eviction Fraud and Collusion

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