AIR 1960 PUNJAB 417

Punjab High Court

Hon'ble Judge(s): Mehar Singh, I. D. Dua , JJ

(A) Transfer of Property Act (4 of 1882) , S.53— Dissolution of partnership whether 'transfer' of immovable property - Dissolution to give preference to one creditor - Section 53 does not apply. Section 53 deals with transfers of immovable property and it is doubtful if a dissolution of partnership can, strictly speaking, be considered to be such a transfer. A suit under this section has to be instituted on behalf of or for the benefit of all the creditors and it does not hit a transaction by which one creditor is given preference over others, for which contingency, proceedings will have to be had under some other law, for instance, section 53 or 54 of the Provincial Insolvency Act.(Para 3) (B) Transfer of Property Act (4 of 1882) , S.53— Benami transactions - A benami transfer per se will not come within the mischief of S.53. (Para 3) (C) Transfer of Property Act (4 of 1882) , S.53— Representative suit - Suit by one creditor under O.21 R.63, Civil P.C. - Permission under O.1 R.8 not obtained - Suit cannot be considered to be representative within the scope of S.53, Transfer of Property Act. AIR 1943 Lah 96, Rel. on. ....