HAMDA AMMAL versus AVADIAPPA PATHAR AND 3 OTHERS

HAMDA AMMAL versus AVADIAPPA PATHAR AND 3 OTHERS

A sale deed executed prior to attachment before judgment, though registered subsequently, relates back to the date of execution and prevails over the attachment; rights acquired by execution are protected under Order 38 Rule 10 CPC read with Section 47 of Registration Act.

Parties
Appellant: Hamda Ammal; Respondent: Avadiappa Pathar; Respondent: Govindraju Pathar; Respondent: Muthulinga Asari; Respondent: Gurusami Pathar
Jurisdiction
India
Judgment Date
07 November 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Madras High Court Judgment
Outcome
Appeal allowed
Legal Topics
Attachment Before Judgment, Registration of Sale Deed, Transfer of Property
Property Law Civil Procedure Attachment Before Judgment Registration of Sale Deed Transfer of Property

Case Brief

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Parties

Hamda Ammal

Appellant

Avadiappa Pathar

Respondent

Govindraju Pathar

Respondent

Muthulinga Asari

Respondent

Gurusami Pathar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Madras High Court Judgment

Legal Issues

  1. 1 Whether registration of sale deed after attachment before judgment defeats the rights of the vendee acquired by execution prior to attachment
  2. 2 Effect of Section 47 of Registration Act and Order 38 Rule 10 CPC on rights under a sale deed executed but not registered before attachment

Ratio Decidendi

A sale deed executed prior to attachment before judgment, though registered subsequently, relates back to the date of execution and prevails over the attachment; rights acquired by execution are protected under Order 38 Rule 10 CPC read with Section 47 of Registration Act.

Court Disposition

Appeal allowed

Orders

  • High Court judgment dated 24.12.1982 set aside
  • Order of Subordinate Judge dated 14.10.1977 decreeing the suit of plaintiff restored