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    <title>1990 (11) TMI 414 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=194068</link>
    <description>The Court held that a sale deed executed before attachment but registered later would prevail over the attachment before judgment. The Order 38 Rule 5 and Rule 10 of the CPC were interpreted to clarify that the attachment before judgment does not affect rights existing prior to the attachment. Section 64 of the CPC does not prohibit registration of a sale deed executed before attachment. The rights of the vendee relate back to the date of execution, as per Section 47 of the Registration Act. The subsequent court sale could not override the rights of the original vendee. The appeal was allowed in favor of the plaintiff.</description>
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    <pubDate>Wed, 07 Nov 1990 00:00:00 +0530</pubDate>
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      <title>1990 (11) TMI 414 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=194068</link>
      <description>The Court held that a sale deed executed before attachment but registered later would prevail over the attachment before judgment. The Order 38 Rule 5 and Rule 10 of the CPC were interpreted to clarify that the attachment before judgment does not affect rights existing prior to the attachment. Section 64 of the CPC does not prohibit registration of a sale deed executed before attachment. The rights of the vendee relate back to the date of execution, as per Section 47 of the Registration Act. The subsequent court sale could not override the rights of the original vendee. The appeal was allowed in favor of the plaintiff.</description>
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      <pubDate>Wed, 07 Nov 1990 00:00:00 +0530</pubDate>
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