Registration of sale deed after order of attachment of property by court would have no effect.
Citation
C. Subramanian Versus N. Chockalingam Asari & Another
Head Note
Civil Procedure Code - Order 21 Rule 58(4) & Section 64(2), 100 & 151 - Indian Registration Act - Section 47 - Transfer of Property Act - Section 53 – first respondent filed a suit before the Second Additional Sub-Court, against the second respondent for recovery of a sum with interest - he also filed an for attachment of the Schedule property before judgment - Trial Court passed an order of attachment and attachment made absolute and suit decreed - Based on decree, first respondent filed a petition in E.P against second respondent for bringing the Schedule property for sale - appellant filed an application under Order 21 Rule 58 and 151 C.P.C seeking declaration that he has title over the property and to raise the attachment - Trial Court rejected the claim made by the appellant by order - appellant filed Appeal and dismissed confirming the order passed in E.A - Challenging the same, Second Appeal is filed - Second Appeal is dismissed.
Cases Referred:
1. HAMDA AMMAL VS. AVADIAPPA PATHAR AND OTHERS 1991 (1) SCC 715
2. RAMASAMY RAJA AND ANOTHER VS. P.SUBBAYYA PILLAI 2005 (3) CTC 640
3. BANK OF BARODA VS. SADRUDDIN HASAN DAYA AIR 2004 SC 942
4. A.B.GURUMURTHI CHETTY VS. SELLA PERUMAL PILLAI AIR 1936 MADRAS 651
Comparative Citations:
2011 (1) LW 744, 2011 (2) CTC 401
Cases Referred:
1. HAMDA AMMAL VS. AVADIAPPA PATHAR AND OTHERS 1991 (1) SCC 715
2. RAMASAMY RAJA AND ANOTHER VS. P.SUBBAYYA PILLAI 2005 (3) CTC 640
3. BANK OF BARODA VS. SADRUDDIN HASAN DAYA AIR 2004 SC 942
4. A.B.GURUMURTHI CHETTY VS. SELLA PERUMAL PILLAI AIR 1936 MADRAS 651
Comparative Citations:
2011 (1) LW 744, 2011 (2) CTC 401
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