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Kasi Viswanatham Chettiar and anr. Vs. Ramaswami Athitha Nadar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1918)35MLJ441
AppellantKasi Viswanatham Chettiar and anr.
RespondentRamaswami Athitha Nadar and ors.
Excerpt:
- - 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......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.
Judgment:

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 Civil Procedure Code 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.


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