https://www.taxtmi.com/caselaws?id=197511 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. en-us Tue, 06 Mar 1990 00:00:00 +0530 Tue, 09 Jan 2018 12:13:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197511 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. Case-Laws Indian Laws Tue, 06 Mar 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197511