HAMDA AMMAL Vs. AVADIAPPAPATHAR AND

JUDGEMENT

(1.) This Civil by special leave is directed against the judgment of High court of Judicature at Madras dated 24/12/1982. This case raises a short but an important question of law. We would narrate only such facts of the case which are necessary for the disposal of the question of law raised in the case. The appellant Hamda Ammal purchased the suit property from the respondents Govindraju Pathar, Muthulinga Asari and Gurusami Pathar (hereinafter referred to as 'the vendors') by a sale deed executed in her favour on 9/09/1970. Harnda Ammal got the sale deed registered on 26/10/1970. Before registration of the sale deed, respondent Avadiappa filed a money suit for the recovery of Rs. 5,200. 00 on 13/09/1970, against the vendors and obtained attachment before judgment of the property in question on 17/09/1970. Subsequently the aforesaid money suit filed by Avadiappa was also decreed in his favour. The question which calls for consideration is whether Hamda Ammal is entitled to the property sold in her favour by virtue of sale deed dated 9/09/1970 but registered subsequently on 26/10/1970, or Avadiappa has a better claim to the property on account of an attachment before judgment made on 17/09/1970 in the suit filed by him on 13/09/1970 i. e. prior to the date of registration of sale deed in favour of Hamda Ammal

(2.) In order to decide the above controversy we would advert to some relevant provisions. Order XXXVIII Rule 5 Civil Procedure Code which provides the. conditions for attachment before judgment reads as under:

(3.) S. 64 Civil Procedure Code prohibits private alienation of property after attachment and reads as under: