KERALA CERAMICS LTD Vs. SEBASTIAN

JUDGEMENT

(1.) The decree holder Kerala Ceramics Ltd., Kundara represented by its General Manager is the revision petitioner. In execution of a money decree obtained by the above decree holder an item of immovable property with a building was proclaimed for sale and purchased by him. But attachment was levied only on the compound and not the building. The building somehow was omitted from the attachment Schedule. So, at the time of delivery obstruction was put forward by the respondent one Joseph Sebastian, and thereupon the decree holder filed a petition praying for removal of the obstruction. The Subordinate Judge has upheld the obstruction in respect of the building on the ground that the sale without attachment so far as the building is concerned is invalid. So, delivery was ordered only of the compound which is 13.500 cents in extent (excluding the building). The obstructor Sebastian has not appeared before this court to contest the petition. One Joseph Thomas alleging himself to be a purchaser from another obstructor, has got himself impleaded in this Court. But I do not think, he has any locus standi to contest the present Revision Petition which is against the order allowing Sebastian's obstruction in part.

(2.) The simple question arising for consideration is whether a sale without attachment is valid. S.51(b) C. P. C. which relates to sale in execution reads: