O-22 EXECUTION.
shivraj
(Querist) 30 March 2010
This query is : Resolved
Under the specific relief act In pending execution procedure can Judgment debtor sale out his property to third person and create third party interest? In this circumstances the purchaser can save his right over suit property any remedy legal remedy to protect the third party like as a bonafide purchaser? Plz help me and give me ur valuable opinion to solve this problem and any references case laws relating this case Thank u.
Raj Kumar Makkad
(Expert) 30 March 2010
What is your status in the aforesaid quarry?
Even if judgment debtor has sold out the suit property in favour of third party even then the decree can very well be executed and subsequent buyer cannot plead as bonaide purchaser especially when a decree has already been passed by civil court qua the suit property.
Kiran Kumar
(Expert) 30 March 2010
i agree with Mr. Makkad, in such a circumstance the JD may put himself in another set of litigation with third purchaser.
the DH can not be denied his rights by playing fraud in this manner.
O. Mahalakshmi
(Expert) 05 April 2010
Purchaser is one of the looser in this matter. JDr has no right to sale property to third party. Because the Court has pronounced the judgment against the JDR.
