Prior agreement for sale overrides later attachment when conveyance is executed in performance of the earlier contract.

A prior agreement for sale creates an enforceable equitable obligation that survives later attachment, even though it does not by itself transfer an interest in immovable property. Under Order 38 Rule 10 CPC, an attaching creditor takes only the judgment-debtor's existing right, title and interest and cannot acquire a better right than existed at the date of attachment. Where a sale deed is executed after attachment in performance of an earlier agreement for sale, the antecedent contractual obligation remains effective, and Section 64 CPC does not defeat that prior obligation. The post-attachment conveyance is therefore valid against the attaching creditor.

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Issues: Whether a sale deed executed after attachment, but in pursuance of an agreement for sale entered into before attachment, prevails over the attaching creditor's rights.

Analysis: Order 38 Rule 10 of the Code of Civil Procedure protects rights existing prior to attachment. A contract for sale creates an enforceable equitable obligation under Section 40 of the Transfer of Property Act and is recognised in Section 91 of the Indian Trusts Act, though it does not by itself create an interest in immovable property under Section 54 of the Transfer of Property Act. An attaching creditor acquires only the right, title and interest of the judgment-debtor and cannot obtain a higher right than that held at the date of attachment. The contractual obligation arising from an antecedent agreement for sale therefore subsists despite attachment, and Section 64 of the Code of Civil Procedure cannot be used to defeat that prior obligation when the conveyance is executed in performance of the earlier agreement.

Conclusion: The sale executed after attachment in pursuance of the earlier agreement for sale prevails over the attachment and is valid against the attaching creditor.

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