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Muthttsami Chetty Vs. Chunammal - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in24Ind.Cas.320
AppellantMuthttsami Chetty
RespondentChunammal
Cases ReferredRamanayya v. Rangappayya
Excerpt:
hindu law - survivorship--attachment before judgment--precludes title by survivorship on death of judgment--debtor occurring after attachment--decree. - .....sale precludes the accrual of the title, by survivorship in the event of the death of the judgment-debtor after attachment and before the order for sale : bailur krishna rau v. lakshmana shanbhogue 4 m.(sic) at p. 307. it is true that an attachment before judgment has been declared not to have that effect in the event of the judgment-debtor dying before decree : ramanayya v. rangappayya 17 m. 44. the reason is that the attachment before judgment is only intended to protect the property from alienation. but when a decree is passed subsequently it is unnecessary to attach the property again and the prior attachment renders the property available for sale in execution. an attachment followed by a decree, therefore, precludes the accrual of the title by survivorship for the same reasons as.....
Judgment:

1. It has been repeatedly decided by this Court, that attachment alone without an order for sale precludes the accrual of the title, by survivorship in the event of the death of the judgment-debtor after attachment and before the order for sale : Bailur Krishna Rau v. Lakshmana Shanbhogue 4 M.(sic) at p. 307. It is true that an attachment before judgment has been declared not to have that effect in the event of the judgment-debtor dying before decree : Ramanayya v. Rangappayya 17 M. 44. The reason is that the attachment before judgment is only intended to protect the property from alienation. But when a decree is passed subsequently it is unnecessary to attach the property again and the prior attachment renders the property available for sale in execution. An attachment followed by a decree, therefore, precludes the accrual of the title by survivorship for the same reasons as an attachment after the decree. For these reasons we reverse the orders of the Courts below, direct the Munsif to restore the application to his file and pass fresh orders. The appellant is entitled to his costs in this and the lower Appellate Court. The costs in the Court of first instance will be provided for in the final order.


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