I am Decree Holder in three separate Rent cases.
1. The judgment Debtor (she) has Take-home salary of Rs. 3500/- & maintenance from her ex-husband. The monthly rent was Rs.2800/- The decree is for Rs.150, 000.00. The ‘Leave in’ of judgment debtor has huge immovable property. He cunningly did not enter in Leave & License Agreement. Instead his low salaried ‘Leave in’ entered in Leave & License Agreement to become judgment Debtor.
a. Is the maintenance being received by judgment Debtor (she) from her ex-husband, attachable?
b. Is the decree for rent executable on ‘Leave in’?
c. Can I attach immovable property of ‘Leave in’ of judgment debtor in the decree for rent?
d. What can be done to include ‘Leave in’ as judgment Debtor; owing to the very fact that he was residing in my flat?
e. Can a case of cheating be filed against both; owing to low salary of the judgment Debtor (she)?
2. Can I attach salary of wife of judgment debtor in the decree for rent?
3. Can I attach immovable property in the name of father of judgment debtor; who is Muslim; in the decree for rent? In what ways the Islamic succession act will attract, in this case?