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1918 Supreme(Mad) 212

IN THE HIGH COURT OF MARAS
Kasi Viswanatham Chettiar
Versus
Ramaswami Athitha Nadar
Decided On : 1 August, 1918

An attachment creates no title, and a purchase made after an award must be subject to the rights created by the award.

Headnote:

The appellants' attachment was before the date of the award which allotted the properties to the plaintiffs, but their purchase was long after. Their attachment creates no title, and their purchase must be subject to the rights created by the award. Section 64 Civil Procedure Code avoids only private transfers and not awards, and the award in this case cannot be treated as a private transfer as it only recognized the plaintiffs' prior title. The purchase was subject to the decree passed in terms of the award. The decree of the lower court is upheld, 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 plaintiffs prior title. Furthermore before the appellants 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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