The selling of property by judgment debtor during execution proceedings is sham transaction скачать в хорошем качестве

The selling of property by judgment debtor during execution proceedings is sham transaction

#2022LHC4510 #1973)89ITR190 #2017SCMR321 #1990CLC686 #2015SCMR128 # 2015CLC667 #2002 SCMR1950 The selling of property by judgment debtor during execution proceedings becomes a sham transaction? Lahore High Court Naeem Shehzad v. Additional District Judge, Arifwala and 2 others Writ Petition No. 208019 of 2018 Mr. Justice Muhammad Shan Gul https://sys.lhc.gov.pk/appjudgments/2... Facts: A family suit was decreed in favour of the respondent. Respondent filed an execution petition. During execution proceedings respondent moved an application to attach property which was allowed by the learned executing court and it was ordered to be attached. This led the petitioner before this court to file an objection petition maintaining that he had purchased the said property from his real brother. Issues: i) How the selling of property by judgment debtor during execution proceedings becomes a sham transaction? ii) Whether the family court has the power to execute its decree by adopting the modes provided for recovery of land revenue? Analysis: i) Where innocence is claimed by a party causing loss to the other, “the rule of equity which applies to an innocent person signifies that the one who could prevent the loss must suffer and not the other who was powerless to do so… where an agreement to sell and subsequently a sale deed was executed to frustrate a judgment and decree passed by a Family Court, the sale deed was declared to be invalid and it was held that the sale deed was invalid having been effectuated only to frustrate the judgment and decree of the Family Court and was thus a fraudulent transaction. ii) The technical trappings of execution provided in the Code of Civil Procedure were not strictly applicable to execution proceedings before a Family Court and that Section 13(3) of the West Pakistan Family Courts Act, 1964 empowered the Family Court to execute its own decree for payment of money by adopting modes provided for recovery of arrears of land revenue. Conclusion: i) The selling of property by judgment debtor during execution proceedings becomes a sham transaction if executed to frustrate the judgment and decree. FORTNIGHTLY CASE LAW BULLETIN 59 ii) The family court has the power to execute its decree by adopting the modes provided for recovery of land revenue.