LAWS(SC)-1990-3-16

VANNARAKKAL KALLALATHIL SREEDHARAN Vs. CHANDRAMAATH BALAKRISHNAN

Decided On March 06, 1990
Vannarakkal Kallalathil Sreedhara Appellant
V/S
Chandramaath Balakrishnan And Another Respondents

JUDGEMENT

(1.) Special leave granted.

(2.) An extent of 80 cents of land which is in dispute in this appeal was agreed to be sold in favour of the appellant under an agreement dated 9/10/1978. Before the sale deed was executed, a third party in execution of a decree got the property attached on 16/11/1978. The sale deed was executed on 23/11/1978. 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: