Such claim of the appellant as to the house in question being exempt from attachment or sale, was resisted by the decree holder on the specious plea that it had been subjected to transfer, even though such transfer had been held null and void in C.S. No.636 dated 6 8 1991, and therefore on account of her companyduct, the appellant was number entitled to any relief.
Specifically Issue No.3 raised was to the following effect Whether the sale deed dated 29 3 1991 executed by defendant No.1 in favour of defendants No.2 and 3 to defeat and delay the claim of the creditors including plaintiff?
Despite the said order, the appellant on 29 7 1991 sold her residential house in favour of her daughter and her husbands brother for a sum of Rs.20,000/ mentioning the sale deed the necessity of selling it to pay off her debts.
The suit otherwise was decreed in the sum of Rs.19,125/ with companyts and future interest 6 per cent per annum from the date of the suit till realization.
The finding recorded by the companyrt was that the transfer was hit by the provisions of Section 53 of the Transfer of Property Act, being a fraudulent transfer as the same had been effected to defeat and delay the claim of the creditor plaintiff.
Civil Suit No.636 of 6 8 1991 was filed by the plaintiff respondent against her in order to recover Rs.19,125/ inclusive of interest.
The sale thus having been avoided, was declared null and void by the Trial Court vide order dated 29 7 1994.
Having set out the above facts.
Hence, this appeal.
This appeal arises against an order of limine dismissal of a revision petition passed by the Punjab and Haryana High Court.
Apprehending that she may number alienate her property the plaintiff respondent obtained on 24 7 1991 an order of maintenance or status quo.
The import of Section 60 P.C. and the relevant clause applicable to Punjab, granting exemption from attachment or sale of residential house in occupation of the judgment debtor was number adverted to at all.
The appellant, Kiran Bala, faced more than one suit for recovery of monies in the Court of the Additional Senior Sub Judge, Dhuri, Punjab.
The revision petition against that order was dismissed by the High Court in limine on 3 5 1995.
This defence apparently found favour with the Executing Court on attention being invited to the judgment in the said Civil Suit.
This development got entangled in the suit and was put to issue.
Leave granted.
The objection petition was thus dismissed on 28 3 1995.
