Unless order of attachment passed by competent Civil Court is communicated to Jurisdictional Registrar and it is entered in encumbrance certificate, same is not enforceable and it is a void order -

Citation

AIROnline 2023 MAD 737

AIR 2023 MAD 273

Madras High Court

(MADURAI BENCH)

R. VIJAYAKUMAR , J.

C.M.A(MD) - 736 of 2018 D/- 15 - 6 - 2023

N.Palanisamy v. M.Madasamy

(A)Civil P.C. (5 of 1908), O.21 R.58, O.21

R.58A, O.28 R.11B (madras High Court

Amendment) - Attachment of property -

Order of attachment to be communicated

to Registering Officer - Claim petitioners/

purchasers had purchased one of properties which were subject matter of attachment by way of registered sale deed - Plaintiff/DH though had obtained order of attachment before judgement, did not take any steps to communicate same to Jurisdictional Registrar or to record same in encumbrance certificate - Order of attachment entered in encumbrance certificate after execution of sale deed - Purchasers were unaware of order of attachment at time of sale deed -

Purchases held to be bonafide purchasers

for valuable consideration without having

knowledge about order of attachment.

 (Paras 17 , 18 , 19) 

(B)Civil P.C. (5 of 1908), S.64, O.21 R.58 -

Private alienation of property - Attachment of property - Unless order of attachment passed by competent Civil Court is communicated to Jurisdictional Registrar and it is entered in encumbrance certificate, same is not enforceable and it is a void order - S.64 of C.P.C cannot be invoked to declare private alienation as void transaction.  (Para 15