SHREECHAND Vs. ADDITIONAL DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) The claimant-decree holder is assailing the order dated 28 September 2015 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 9, Muzaffarnagar in Execution Case No.18 of 2008 (Shreechand vs. Meena), whereby, application no. 27-Ga for attachment of the property of the judgement-debtor to recover the decretal amount was rejected.

(2.) The Motor Accident Claims Tribunal allowed the claim of the applicant on 20 February 2008 awarding Rs.7,30,000/-. The applicant approached the Tribunal to execute the award upon which the Tribunal in terms of Section 174 of Motor Vehicles Act issued recovery citation to the Collector, Muzaffarnagar to execute and recover the decretal amount. It appears that the District Magistrate pursuant thereof, did not proceed with the execution proceeding to recover the sum, as arrears of land revenue. During the intervening period, the judgement-debtor, first respondent, in order to frustrate the execution transferred the land being Khata No.151, Khasra No.51 ad-measuring 1-2750 Hectare situated in village Azizpur Pargana Bidauli, Tehsil Kairana, District Muzaffarnagar in favour of her 'bhabhi' Smt. Naseema wife of late Raseed who, thereafter, transferred the property to one Nafe Singh son of Ramdheer.

(3.) In this background, the applicant preferred an application before the court below seeking attachment of the property in order to satisfy the decretal amount. Learned trial court rejected the application stating that the recovery certificate in terms of Section 174 of Motor Vehicles Act, 1988 has already been issued to the concerned Collector, therefore, the Tribunal is not competent of any other action under the Act, accordingly, directed that the application be consigned to record.