High Courts(1918) 08 MAD CK 0011

Kasi Viswanatham Chettiar and Another vs Ramaswami Athitha Nadar and Others

Madras High Court · Decided on 1 August 1918 · Citation: (1918) 8 LW 582 : (1918) 35 MLJ 441

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Judgment

7 paragraphs · 149 words
1.

Though the appellants'' attachment was before the date of the award which allotted the properties to the plaintiffs, their purchase was long after.

Unless they are entitled to rely on their attachment as invalidating the award they must fail as an attachment creates no title and their purchase must

be taken to be subject to the rights created by the award. Section 64 CPC avoids only private transfers and not awards such as the one we have

here: such an award cannot be treated as a private transfer as it really only recognised plaintiff''s prior title. Furthermore before the appellant''s

purchase, application had been made to the court for passing a decree in terms of the award and a decree was so passed. The purchase was

therefore subject to that decree.

2.

The decree of the lower court is right and the second appeal is dismissed with costs.