AIR 1941 OUDH 205

Oudh High Court

Hon'ble Judge(s): Thomas , C.J. AND Ghulam Hasan , J

(A) Civil P.C. (5 of 1908) , O.21 R.62— Mere fact that incumbrances are notified in sale proclamation does not dispense with proof regarding validity of incumbrances. The mere fact that incumbrances are notified in the sale proclamation does not dispense with the necessity of proof as regards the correctness and validity of these encumbrances in the absence of any inquiry having been made as contemplated by R.62 of O.21.(Para 207C2) (B) Transfer of Property Act (4 of 1882) , S.53— Word 'transfer' covers transfer whether with or without consideration. The word 'transfer' used in S.53 is comprehensive enough to embrace within its purview all kinds of transfers, whether with consideration or without consideration.(Para 208C2) (C) Transfer of Property Act (4 of 1882) , S.53— Mere fact that transfer is executed without consideration as in case of gift or mere fact that transfer is made merely with intent to defeat anticipated execution is not sufficient to make it fraudulent transfer. The mere fact that a transfer is executed without consideration, as in the case of a gift, will not necessarily lead to an inference that the transfe....