Vasudeva Menon vs M/S. K.J.Plantation
In Rajan
and Another v. Soman and Others (2010 (4) KHC 927) the learned
Single Judge of this Court held that to attract Sec.53 (2) of the
Transfer of Property Act the transfer must be without consideration
and with intention to defraud subsequent transferee and
transaction is only voidable not void. It was further held that the
transaction to be voidable must be intended so by instituting a suit
and all ingredients of Sec.53 (2) must be pleaded and proved. The
Court held as follows: