Agreement for sale creates an obligation attached to the ownership of property and since the attaching creditor is entitled to attach only the right, title and interest of the judgment debtor, the attachment cannot be free from the obligations incurred under the contract for sale

It may be noted that as regards the question whether the agreement entered into by the 

Judgment debtor prior to the attachment of property in execution of a decree would 

prevail over the attachment itself, was considered by this court in Vannarakkal 

Kallalathil Sreedharan Vs. Chandramaath Balakrishnan and another 6 and this court 

approved the views expressed in Paparaju Veeraraghavayya Vs. Killaru Kamala Devi7; 

Veerappa Thevar Vs. C.S.Venkatarama Aiyar8; and Angu Pillai Vs. 

M.S.M.Kasiviswanathan Chettiar9 followed by Rango Ramachandra Kulkarni Vs. 

Gurlingappa Chinnappa Muthal10; Yeshvant Shankar Dunakhe Vs. Pyaraji Nurji 

Tambol11; and Kochuponchi Varughese Vs. Ouseph Lonan12 and held that the 

agreement for sale creates an obligation attached to the ownership of property and 

since the attaching creditor is entitled to attach only the right, title and interest of the 

judgment debtor, the attachment cannot be free from the obligations incurred under the 

contract for sale. (2001) 3 CivCC 186/ 2001) 0 AIR (SCW) 2118/ (2001) 4 Supreme 

170/ (2001) Supp1 JT 95/ (2001) 4 Scale 170/ (2001) 6 SCC 213/ (2001) 0 AIR (SC) 

2220/ (2001) 3 BBCJ (SC) 21, Rajender Singh Vs. Ramdhar Singh.