Alienation of property

Trial Court declined the request of decree-holder to attach and sale the subject property and directed him to point out any other property of the judgment-debtor

Validity

Judgment-debtor, on acquiring knowledge about the decree-holder's intention to get his property attached, hurriedly entered into sale agreement just six days before the judgment

Sale deed was executed by judgment-debtor in favour of objector after submission of execution application by the decree-holder

Judgment-debtor was fully aware that in case of pronouncement of judgment and decree in favour of decree-holder, his property would be attached, therefore, he malafidely arranged the sale of his property to the objector so that he could defeat the judgment and decree of the court

One of the witnesses of the sale deed was the person who had received the notice of execution application of the decree-holder from bailiff on behalf of judgment-debtor

High Court set aside the impugned order and directed the trial court/executing court to complete the attachment proceedings of the property. [Paras. 17 & 19 of the judgment]

Power of attorney by its description does not include the power to make gift, alienate or dispose of the property of the principal, unless specific and exhaustive clause was mentioned in it.