VANNARAKKAL KALLALATTHIL SREEDHARAN versus CHANDRAMAATH BALAKRISHNAN AND ANR.

VANNARAKKAL KALLALATTHIL SREEDHARAN versus CHANDRAMAATH BALAKRISHNAN AND ANR.

Where a sale deed is executed in pursuance of an antecedent agreement for sale entered into before attachment of property, the attachment cannot override the contractual obligation; the purchaser gets good title, and the sale is not subject to attachment.

Parties
Appellant: V.K. Sreedharan; Respondent: C. Balakrishnan; Judgment Debtor: Sarojini Ramakrishnan
Jurisdiction
India
Judgment Date
06 March 1990
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Judgment Dated 18.8.1988 in E.s.a. No. 23 of 1987
Outcome
Appeal allowed
Legal Topics
Attachment, Agreement for Sale, Conveyance, Rights of Attaching Creditor
Civil Procedure Property Law Attachment Agreement for Sale Conveyance Rights of Attaching Creditor

Case Brief

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Parties

V.K. Sreedharan

Appellant

C. Balakrishnan

Respondent

Sarojini Ramakrishnan

Judgment Debtor

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Judgment Dated 18.8.1988 in E.s.a. No. 23 of 1987

Legal Issues

  1. 1 Whether a conveyance executed after attachment but in pursuance of an antecedent agreement for sale passes good title, or is subject to attachment

Ratio Decidendi

Where a sale deed is executed in pursuance of an antecedent agreement for sale entered into before attachment of property, the attachment cannot override the contractual obligation; the purchaser gets good title, and the sale is not subject to attachment.

Court Disposition

Appeal allowed

Orders

  • Order of Kerala High Court reversed
  • Order of Trial Court restored