1990 (3) TMI 371

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....ed on November 23, 1978. The question is: Does the sale prevail over the attachment? 3. The High Court of Kerala in the judgment under appeal has held that the sale would be subject to attachment. This appears from the following observation.     The sale deed was executed at a time when the property was already under attachment. It is true that even before affecting attachment there was an agreement for sale by Sarojini Ramakrishnan in favour of the appellant. But the agreement for sale will not create any interest in the property. The fact that Ext. A-12 Sale deed was executed on the basis of an agreement executed before the attachment will not place the appellant in any better position. He could take the 80 cents unde....

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.... 6. There is a useful parallel from the decision of the Calcutta High Court in Purna Chandra Basak v. Dautai Ali Mollah AIR1973Cal432 wherein it was observed that the attaching creditor attaches only the right, title and interest of the debtor and attachment cannot confer upon him any higher right than the judgment-debtor had at the date of attachment. 7. Hence, if under a contract of sale entered into before attachment, the conveyance after attachment in pursuance of the contract passes on good title inspite of the attachment. To the same effect are the decisions of the Bombay High Court in Rango Ramachandra v. Gurlingappa Chinnappa AIR1941Bom198 and Yashvant Shankar Dunakhe v. Prayarji Nurji Tamboli AIR1943Bom145 . The High Court of....