Law: Transfer of Property Act (IV of 1882)

Section: 53

(a) Transfer of Property Act (IV of 1882)   S. 53Suit to avoid transfer of immovable property brought for benefit of all creditorsHeld, must be regarded as suit under provisions of S. 53Fact that such suit can be filed as a representative suitDoes not mean that it must be filed in that form alone.   Mst. Banto Devi v. Firm Rai Sahib Lal Shiv ParshadSri A I R 1943 Lah. 96; Deokab Partab v. Ram Devi and another A I R 1941 Rang. 76; Firm RambhondasBulakidas v. Orambala Dassi and others A I R 1954 Cal. 440; Hajf Faqir Bux and others v. Pandit Thakar Prasad and others A I R 1941 Oudh 457 and Kallubandi Manjamma v. Kethe Rangappa and others A I R 1954 Mad. 173 distinguished.   (b) Transfer of Property Act (IV of 1882)   S. 53Principles of S. 53 only applicable in PunjabSuit cannot be defeated even if plaintiff fails to adhere strictly to technical requirements of section.   (c) Transfer of Property Act (IV of 1882)   S. 53 Requirements of S. 53 on legal planeCreditor, in a suit under S. 53, not prevented from making allegations indicating want of consideration and bad faith.   Sachitanand Tewari v. Radhapat Pathak A I R 1928 All. 234 not relevant.     Dates of hearing: 25th, 26th, 31st March ; 4th, 7th, 9th, 10th, I lth, 23rd and 24th April, 1980.                                                                                                                    JUDGMENT   MUHAMMAD HABIBULLAH, J.This is an appeal from a judgment and decree dated 16101974, of Malik Muhammad Afzal, Civil Judge, Lahore, whereby he decreed the suit filed by respondent No. 1 for a declaration that the sale of property in dispute made by Siraj Din deceased in favour of his two daughters, the appellants herein, was fraudulent and without consideration, and had been made to defeat his creditors, and was therefore of no effect as against respondent No. 1 and…