Advocates:
A.T.M.SAMPATH, C.SITARAMIAH, K.N.BHATT, K.R.CHOUDHARY, M.Raghuraman, S.Thananjayan

A sale deed executed in favor of a vendee prior to attachment before judgment of the property, but registered thereafter, prevails over the attachment and confers valid title upon the vendee as against the attaching creditor (and any auction purchaser in execution of the decree obtained by such creditor), since: (i) a sale of immovable property is complete on execution of the deed (with consideration), subject only to mandatory registration; (ii) under Section 47 of the Registration Act, a registered document of such nature takes effect/operates/relates back from its date of execution (and not registration); (iii) Order XXXVIII Rule 10 CPC expressly protects pre-existing rights of persons not parties to the suit from the effect of attachment before judgment; (iv) Order XXXVIII Rule 5 CPC applies only where a defendant is about to dispose of property with intent to obstruct execution of decree, not to a completed prior sale; and (v) Section 64 CPC voids only private transfers or delivery of interest after attachment, but submission for registration of a pre-existing executed sale deed is neither a transfer nor prohibited/delivery by the order of attachment. (!) (!) (!) (!) (!) (!) [1000298430003][1000298430012][1000298430016]