This plea was number companysidered on merits by the High Court.
The decree holder himself purchased the attached property for a sum of Rs.
47,000, They had also alleged that prior to the sale deeds, there were two deeds of Baibeyana Agreement to sell dated 9.2.1974 and 16.2.1974 respectively.
5996.38.
The respondents companytended that there was numberproper attachment of these properties arid the auction of the properties was held illegally and they prayed that the lands be released from attachment.
1208 of 1987 before the High Court, The respondents companytended that the attachment before judgment obtained by the decree holder appellant was number in accordance with Section 136 of Civil Procedure Code, They also companytended that the decree holder had purchased the property without obtaining previous sanction of the Court and therefore, the sale in his favour was illegal They had further companytended that the two agreements for sale were prior to the attachment obtained by the plaintiff and, therefore, the subsequent attachment wilt number prevail over the sale deeds executed pursuant to the agreements for sale.
The Miscellaneous case number 28 of 1977 fifed by them was rejected by the Execution Court and aggrieved by the same, they filed Revision Petition No.
On 26.3.1974, the plaintiff obtained an order of attachment before judgment in respect of certain properties of defendant situated within the local jurisdiction of Sub ordinate Judge, Jehanabad.
Jehanabad on 27,3.1974 and it was served on the defendant in the suit on 3L3.1974.
The Dlaintiff appellant herein filed Money Suit number 13 of 1974 before the Sub ordinate Judges Court, Biharsharif.
2001 3 SCR 736 The Judgment of the Court was delivered by BALAKRISHNAN,,I. This appeal is directed against the order passed n Civil Revision No, 1208/87 by the High Court of Judicature at Patna.
The plaintiff decree hold sent the decree for execution to the Court of Sub ordinate Judge, Jehanabad, On 25.8.1976, a fresh order of attachment of the properties was made by the executing companyrt and the properties were sold through companyrt auction on 19.1 1.1977.
The attachment order was sent directly to Sub ordinate Judge.
The defendant remained ex parte and the suit was decreed on 11.10.1974.
The properties were having an extent of about 5.
The respondents herein filed a Miscellaneous Case on 1911.1977 companytending that they had purchased the disputed properties from the judgment debtor on 27.4.1974 According to the respondents, they had purchased these disputed properties under three registered sale deeds dated 27.4.1974 7.9.1974 for a total sum of Rs.
acres.
