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        1927 (12) TMI 4 - HC - Indian Laws

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        Attachment of future rent under civil procedure law fails where the debt has not yet accrued and is not presently saleable. Under Section 60 of the Civil Procedure Code, only an existing and complete debt, or property that is presently saleable, is liable to attachment. Rent ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Attachment of future rent under civil procedure law fails where the debt has not yet accrued and is not presently saleable.

                              Under Section 60 of the Civil Procedure Code, only an existing and complete debt, or property that is presently saleable, is liable to attachment. Rent due from a subtenant that had not yet accrued on the date of attachment was treated as a future liability, not an existing debt or actionable claim. The term "saleable property" did not extend to such unearned rent, and the occupancy tenant's interest was not transferable in the manner asserted, save for the limited exception recognised by the Tenancy Act. Future rent not yet due was therefore not attachable, and the objection to attachment was upheld.




                              Issues: Whether rent due from a subtenant, though not yet payable on the date of attachment, could be attached as a debt or as saleable property under Section 60 of the Civil Procedure Code.

                              Analysis: The rent in question had not become due when attachment was made, and the obligation of the subtenant was not yet complete. On the reasoning applied, a debt under Section 60 means an existing debt, not a mere future liability. The expression "saleable property" did not assist the decree-holder, because what was sought to be attached was not an existing actionable claim or transfer of title to recover the rent. The occupancy tenant's title was also not transferable in the manner suggested, except in the limited case recognised by the Tenancy Act.

                              Conclusion: Future rent not yet accrued was not attachable either as a debt or as saleable property; the objection to attachment was rightly upheld and the appeal failed.

                              Final Conclusion: The attachment of rent not yet due was held invalid, and the lower appellate court's order was affirmed.

                              Ratio Decidendi: Under Section 60 of the Civil Procedure Code, only an existing and complete debt, or property that is presently saleable, is liable to attachment; a merely future or incomplete claim for rent is not attachable.


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                              ActsIncome Tax
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