Supreme Court · 1990 INSC 78 · Decided 6 March 1990

Vannarakkal Kallalatthil Sreedharan v. Chandramaath Balakrishnan and ANR.

Court
Supreme Court of India
Citation
1990 INSC 78 · [1990] 1 S.C.R. 832
Case number
CIVIL APPEAL No. 1349/1990
Decided
6 March 1990
Bench
K. JAGANNATHA SHETTY, R.M. SAHAI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 64; Transfer of Property Act Section 40

Headnote

Code of Civil Procedure, 1908: S. 64, or 38, Rule JO-Con­ veyance in pursuance of antecedent agreement for sale of attached property-Whether passes good title. The land in dispute was agreed to be sold in favour of the appel- C Ian! under an agreement. Subsequently, a third party in execution there­ after. A question arose as to the validity of the sale. The High Court held that the sale would be subject to attachment. D Allowing the appeal by special leave, the Court, HELD: The agreement for sale creates an obligation attached to the ownership of the property. The attaching

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