1965 (3) TMI 111 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of attachment of immovable property.
2. Compliance with procedural requirements under Order XXI, Rule 54 of the Code of Civil Procedure.
3. Effect of non-compliance with procedural requirements on the validity of the attachment.
4. Applicability of Section 64 of the Code of Civil Procedure.
5. Impact of knowledge of execution proceedings on the validity of the attachment.
6. Applicability of Section 47 of the Code of Civil Procedure.
7. Entitlement to mesne profits.

Issue-wise Detailed Analysis:

1. Validity of attachment of immovable property:
The appeal challenges the judgment dismissing the Plaintiff's suit for declaration of title, possession, and mesne profits. The primary question is whether the attachment of immovable property was valid to invalidate a private sale under Section 64 of the Code of Civil Procedure.

2. Compliance with procedural requirements under Order XXI, Rule 54 of the Code of Civil Procedure:
The attachment of immovable property must strictly comply with Order XXI, Rule 54. This includes:
- Proclamation by beat of drum or other customary mode.
- Affixture of the order on a conspicuous part of the property.
- Affixture on a conspicuous part of the Courthouse.
- Affixture in the office of the Collector if the property is land paying revenue.
- Affixture in the office of the municipality if the property is within municipal limits.

3. Effect of non-compliance with procedural requirements on the validity of the attachment:
The Court found that there was no evidence of affixture in the municipal office, and the amin admitted this lapse. The evidence regarding tom-tom and affixture on the property was inconclusive. Witnesses for the Plaintiff denied any such proclamation or affixture, and the amin's report was found unreliable. The Court concluded that the requirements of Order XXI, Rule 54 were not met, rendering the attachment invalid.

4. Applicability of Section 64 of the Code of Civil Procedure:
Section 64 requires a valid attachment to void private transfers. The Court held that an attachment is not complete merely by passing an order; all procedural steps must be followed. Since the attachment was not perfected due to non-compliance with Order XXI, Rule 54, Section 64 did not apply, and the Plaintiff's conveyance was not void.

5. Impact of knowledge of execution proceedings on the validity of the attachment:
The Court noted that knowledge of execution proceedings does not validate an imperfect attachment. The Plaintiff's knowledge of the decree or execution proceedings was irrelevant since the attachment itself was not legally perfected. The Plaintiff had no notice of the attachment, and the sale was not speculative.

6. Applicability of Section 47 of the Code of Civil Procedure:
Section 47 pertains to questions arising between parties to the suit in which the decree was passed. The Court held that since the Plaintiff's title was paramount and the sale was before a valid attachment, Section 47 did not apply. The subsequent proceedings leading to the sale in favor of the decree-holder were not binding on the Plaintiff.

7. Entitlement to mesne profits:
The Plaintiff's claim for mesne profits from 5th April 1958 till the date of the suit and pendente lite was considered. The trial Court's assessment of profits was unclear and lacked sufficient evidence. The Court disallowed the claim for past mesne profits due to lack of acceptable evidence but relegated the Plaintiff to proceedings under Order XX, Rule 12 for mesne profits pendente lite.

Conclusion:
The Plaintiff succeeded in the appeal. The Court declared the Plaintiff's title and granted reliefs as prayed for, including possession of the property. The Plaintiff's claim for past mesne profits was disallowed, but she was entitled to mesne profits pendente lite. The second Defendant was ordered to pay the costs of the Plaintiff and the first Defendant in both the trial Court and the appeal. The dismissal of the suit against Defendants 3 to 6 was upheld, with no order for costs in their favor.