1927 (12) TMI 4

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....as occupancy tenant, from his subtenant. At the date of the attachment, the rent of which attachment was made, had not become payable by the Subtenant, the period in respect of which the rent was attached being still incomplete. The judgment-debtor accordingly objected that this rent was not covered by the provisions of Section 60, Civil P.C., which permits attachment of debts and other saleable p....

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....ofits which might never become due, whereas in the present case there can be no question that at the date of the attachment there was a certainly that the rent would became due. Reference, however, in that decision was made to the English case of Webb v. Stenton [1883] 11 Q.B.D. 518. In that case the Queen's Bench held in effect that a debt involves (a) an obligation incurred by the debtor, (b....

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.... not the rent, but the title to recover it for the period in question. A title (unlike a debt) accrues when the instrument creating it has been executed. But it is not the title that the decree-holder purported to attach. Moreover, an occupancy tenant cannot transfer his title except by a sub-lease for five years (in such case he gets the rent and his landholder is not prejudiced) under Sections 2....

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....iew of mine be correct, the word "debts" could not have been used only as illustrating what is liable to be attached and sold. A person may be a debtor under a bond, although the money due under the bond does not accrue payable till a future date; for the liability is there to pay. In the present case, it cannot be said that at the date of the attachment the sub-lessee was "in arrears" to the occu....