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Rupali Ramteke 18 April 2020

Execution of decree under r.2 order xxi

A purchased property from B. The sale, however was fictitious. A paid Rs. 5000 to save the said property from being sold in execution of decree obtained by C against B. A then filed a suit for the recovery of Rs. 5000 against B. How will you decide? Give reason. Will B be liable to compensate A as a surety? Or in what capacity will the decision be given?

4 Replies

Parveen Bhatia 18 April 2020

mam if b allows to c sales rights than a can go for suit against b. mam may I know that you are which city or state.

Parveen Bhatia 18 April 2020

mam may I get any corresponding details.

Dr J C Vashista (Advocate) 18 April 2020

Details of facts posted are incomplete and vague, which can not lead to form an opinion and oblige.

What is the suit property ?

How did you draw the inference that sale transaction is fictitious ?

What is the corelation between A and C, ?

Whether the amount of Rs. 5,000/- is consideration or part thereof ?

P. Venu (Advocate) 18 April 2020

What is A, B, C, ............? Is there any real issue?

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