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Debi Prasad Vs. Baldeo - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1896)ILR18All123
AppellantDebi Prasad
RespondentBaldeo
Excerpt:
civil procedure code, section 276 - execution of decree--attachment--lease of property under attachment. - .....void. we allow the appeal with costs in all courts, and, setting aside the decree of the court below, we restore the decree of the first.....
Judgment:

John Edge, Kt., C.J. and Burkitt, J.

1. Whilst property was under attachment the judgment-debtor granted two leases of it. The plaintiff in this suit purchased that property at an auction sale held in execution of the decrees under which the property was under attachment. Section 276 of the Code of Civil Procedure is not limited to cases in which the alienation is unfavorable to the judgment-creditor. It prohibits an alienation altogether. There were two leases granted in this case by the judgment-debtor. The one was a zar-i-peshgi and the other an ordinary agricultural lease. They were private alienations of the property attached. We declare that by reason of Section 276 of the Code of Civil Procedure the two leases above referred to were void. We allow the appeal with costs in all Courts, and, setting aside the decree of the Court below, we restore the decree of the first Court.


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