https://www.taxtmi.com/caselaws?id=275288 An executing court's power under Order 21, Rules 58 to 60 CPC is confined to deciding whether attached property is liable to attachment. Once it finds that the objector is in possession in his own right, the property must be released from attachment and the court cannot add a condition requiring payment of the unpaid sale consideration. A separate claim for the balance price must be pursued in the proper manner, not through a release order. An agreement to sell does not create any interest in immovable property, and a prior contract cannot defeat the attaching creditor's rights. The attached property was therefore to be released unconditionally. en-us Wed, 11 Nov 1970 00:00:00 +0530 Wed, 26 Sep 2018 14:27:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275288 An executing court's power under Order 21, Rules 58 to 60 CPC is confined to deciding whether attached property is liable to attachment. Once it finds that the objector is in possession in his own right, the property must be released from attachment and the court cannot add a condition requiring payment of the unpaid sale consideration. A separate claim for the balance price must be pursued in the proper manner, not through a release order. An agreement to sell does not create any interest in immovable property, and a prior contract cannot defeat the attaching creditor's rights. The attached property was therefore to be released unconditionally. Case-Laws Indian Laws Wed, 11 Nov 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275288