Property subject to an agreement for sale can be attached in execution of a decree. The attachment shall continue subject to the obligation arising out of the agreement for sale.

This revision petition is directed against the judgment and order dated 3.6.81 of the Assistant District Judge No. 1. Cachar affi­rming the judgment and order of the Munsiff, Hailakandi releasing the land which had been attached in Money Execution Case No. 53 of 1978 in favour of the petitioner.

2. The facts of the case, briefly, are as follows. The petitioner her­ein obtained a money decree against judgment debtor opposite party No. 2, Adharani Das. An execution case was instituted and a plot of land belonging to the judgment debtor was attached in execution of the said decree. The predecessor of opposite patty Nos. 1 (a) to 1 (g). Monmohan Nath filed an objection to the attachment on the ground that he was in possession of the land by virtue of an agree­ment to sell in his favour executed by the judgment debtor. This objection was filed under order 21 Rule 58 of the Civil Procedu­re Code, hereinafter 'the C.P.C. It was also contended that sub­sequent to the attachment the entire land which was subject matter of attachment had been purchased by him from the judgment deb­tor on 8.2.80 on payment of full consideration. The learned trial, court found that Monmohan Nath, hereinafter 'the objector', failed to prove the sale of the land by the judgment debtor on 8.2.80. The Court, however, arrived at a finding that the objector was in possession of the attached land by virtue of the agreement for sale executed by the judgment debtor. The learned trial court, the­refore, held that the continued possession of the objector had been proved and on that basis released the property from attachment. This decision of the trial court was affirmed on appeal by the Assistant District judge, Cachar at Silchar. Aggrieved by the release of the property from attachment, the decree-holder has approached this court by filing the present revision petition.

3. Mr. S. K. Bhattacharjee, the learned counsel for the opposite parties, raised a preliminary objection in regard to the maintainabili­ty of this revision petition under section 15 of the C.P. C. on the ground that appeal lies against the impugned order to the High Court in view of the provisions contained in sub-rule (4) of rule 58 of order 31 of the C. P. C. as substituted by the Civil Procedure Code (Amendment) Act, 1976. I have considered the submission and I find force in it.

4. The learned counsel for the petitioner. Mr. B. K. Acharyya, fairly concedes that in view of the aforesaid provision the petitioner should have filed an appeal and not revision petition. He, however, prays that the present revision petition may be treated as an appeal and may be decided accordingly. Counsel submits that this court can do so in exercise of its inherent power under section 151 of the C. P. C. In support of the submission counsel relies on a decision of the Allahabad High Court in Bahori vs. Vidya Ram, AIR 1978 Alla­habad 299 where it was observed that since there is no specific pro­vision for the conversion of an appeal into a revision or vice versa there can be no restriction on the conversion except that imposed under section 151 of the C. P. C. Reliance is also placed on a deci­sion of the Bombay High Court in M/s Rupam Pictures vs. Dr. Brif Mohan, AIR 1977 Bombay 425 where it was observed that in cases where appeal lies but a revision application is wrongly preferred, the court has wide discretion to treat it as an appeal if the conditions laid down by law are fully satisfied. Reference has also been made to a decision of Delhi High Court in Jiwun Dass Rawal vs. Narain Dass, AIR 1981 Delhi 291 where also it was held that the label placed on a cause is not conclusive and does not ordinarily affect the jurisdiction of the court to allow the label to be corrected by treating an appeal as a revision or a revision as an appeal, provi­ded of course the cause of the justice so demands. On consideration of the above decisions I find myself in agreement with the same. In my opinion, under section 151 C. P. C., t

Click Here to Read the rest of this document