REGENT COMPUTRONICS PVT. LTD.

BHARAT FINANCE COMPANY Appellant

V/S

SKRIMATI SHAKUNTALA DEVL Respondents

Referred Judgements :-

MADAN MOHAN DE SARKAR AND OTHERS V. REBATI MOHAN PODDAR AND OTHERS [REFERRED]
REBALA VENKATA REDDY AND OTHERS V. MANCADU YELLAPPA CHETTY AND OTHERS [REFERRED]
VEERARAGHAVAYYA V. KAMALA DEVI [REFERRED]
DEOKI NANDAN SINGH V. SAIYAD JAWAD HUSSAIN [REFERRED]
MAUNG SAN PWE. V. HAMADANEE [REFERRED]
BUTA RAM V. SYYAD MOHAMMAD [REFERRED]
YESHVANT SHANKAR V. PYARAJI NURJI [REFERRED]
SHIVSHANKARAPPA V. SHIVAPPA [REFERRED]
VEERAPPA THAWAR V. C. S. VENKATARAMA AIYAR AND OTHERS [REFERRED]
DIRAYYAM PILLAI AND ANOTHER V. VEERANAN AMBALAM AND OTHERS [REFERRED]
ATHINARAYANA KONAR V. SUBRAMNIA AYYAR [REFERRED]
GHUSARAM V. PARASHRAM [REFERRED]
BASAPPA CHAMBASAPPA V. HANMAPPA RAMAPPA [REFERRED]
RANGO RAMCHANDRA KULKARNI V. GURLINGAPPA CHINNAPPA MUTHAL AND OTHERS [REFERRED]
JETHALAL V. BACHU [REFERRED]
KOCHUPONCHI VARUQHESE V. OUSEPH LONAN [REFERRED]
USHA RANI DUTTA V. JAGABANDHU DEVNATH AND ANOTHER [REFERRED]
BANTA SINGH VS. DY DIRECTOR OF CONSOLIDATION [REFERRED]
TARAK NATH MUKHERJEE VS. SANAT KUMAR MUKHERJEE [REFERRED]

JUDGEMENT

(1.) This is an illustrative case. It brings out clearly the rights of a prospective purchaser of immovable property against an attaching creditor who attaches that very property before it is conveyed to the purchaser in performance of a contract of sale.

(2.) The undisputed facts are these. There is a property bearing No. J-2/7, Krishan Nagar, Delhi-31. One V. P. Kapoor was the owner of this property. He entered into an agreement of sale with Shakuntala Devi. Shakuntala Devi was a tenant in this property. The agreement was entered into on November 26, 1968. It provided that Kapur will sell this propperty to Shakuntala Devi for Rs. 15.000.00 . Shakuntala Devi paid Rs. 10,000.00 there and then. The balance was to be paid at the time of the registration of the sale deed. Shakuntala Devi was already in possession of the property as a tenant, as I have said.

(3.) On August 5, 1970, Bharat Finance Co. a creditor of Kapur obtained decree for Rs. 17,700.00 and costs against Kapur. The judgment creditor took out execution of the decree. On January 20, 1971, this very house was atched by the judgment creditor.

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BHARAT FINANCE CO Vs. SHANKUTALA DEVI

Referred Judgements :-

JUDGEMENT

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