https://www.taxtmi.com/caselaws?id=297002 A creditor's suit under Section 53 of the Transfer of Property Act is treated as a declaratory action where the plaintiff only seeks a finding that an alienation is not binding on creditors, rather than cancellation of the instrument in toto. The decisive test is whether the plaintiff must set aside the deed entirely to establish title, or only obtain non-binding effect against his rights. Because a transfer between third parties remains operative inter se and is challenged only to the extent needed for debt satisfaction, the proper court-fee provision is Article 17-A of Schedule II of the Court-Fees Act, not Section 7(iv-A). en-us Mon, 03 Apr 1939 00:00:00 +0530 Sat, 14 Aug 2021 12:49:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297002 A creditor's suit under Section 53 of the Transfer of Property Act is treated as a declaratory action where the plaintiff only seeks a finding that an alienation is not binding on creditors, rather than cancellation of the instrument in toto. The decisive test is whether the plaintiff must set aside the deed entirely to establish title, or only obtain non-binding effect against his rights. Because a transfer between third parties remains operative inter se and is challenged only to the extent needed for debt satisfaction, the proper court-fee provision is Article 17-A of Schedule II of the Court-Fees Act, not Section 7(iv-A). Case-Laws Indian Laws Mon, 03 Apr 1939 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297002