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Altaf Ali Vs. Nur Ahmad - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All58
AppellantAltaf Ali
RespondentNur Ahmad
Excerpt:
attachment of land - private alienation after attachment--act viii of 1859 (civil procedure code),ss. 239, 240. - 1. under the provisions of section 240 of act viii of 1859, a private alienation of property made after its attachment had been duly intimated and made known in the manner prescribed by the act is declared null and void. it is not shown that the attachment in this case was made known as by the act directed. it is not proved that a copy of the order was posted in a conspicuous part, or in any part, of the court-house, nor that it was sent to or posted in the office of the collector. we are therefore unable to find that the alienation was made after the attachment had been made known as by the act prescribed, and consequently the provisions of section 240 do not apply,--indra chandra v. the agra and masternan's bank 10 w.r. 264 : s.c 1 b.l.r.s.n. xx.
Judgment:

1. Under the provisions of Section 240 of Act VIII of 1859, a private alienation of property made after its attachment had been duly intimated and made known in the manner prescribed by the Act is declared null and void. It is not shown that the attachment in this case was made known as by the Act directed. It is not proved that a copy of the order was posted in a conspicuous part, or in any part, of the Court-house, nor that it was sent to or posted in the office of the Collector. We are therefore unable to find that the alienation was made after the attachment had been made known as by the Act prescribed, and consequently the provisions of Section 240 do not apply,--Indra Chandra v. The Agra and Masternan's Bank 10 W.R. 264 : S.C 1 B.L.R.S.N. XX.


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