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TMI Blog1992 (2) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... edule to the Act (for short, " the Rules the said notice in ITCP-1 was served on him on September 3, 1973 subsequently, attachment in ITCP-16 was made on February 11, 1988 proclamation of sale was issued in ITCP-13 ; thereafter, the property was brought to sale by respondent No. 2 and, in the auction held on March 14, 1988, respondent No. 3 was the successful bidder. Petitioner No. 1 entered into an agreement with Y. S. Devendra Murthy, the defaulter, on November 20, 1982, to purchase the lands in respect of which notice under rule 2 had already been served on Y. S. Devendra Murthy on September 3, 1973, as stated above ; petitioner No. 1 addressed a letter on April 12, 1988, to respondent No. 1 offering to deposit the entire tax arrears a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efaulter, on September 3, 1973 ; by virtue of rule 51, attachment proceedings, though subsequently made, relate back to September 3, 1973, the date on which notice was served under rule 2 on the defaulter; rule 16 prohibits private alienation or dealing with the property, after the service of notice under rule 2, by the defaulter or his representative in interest ; the agreement of sale entered into on November 20, 1982, by petitioner No. 1 with Y. S. Devendra Murthy after service of notice under rule 2 was void and unenforceable in law ; no right, title or interest in the property accrued to the first petitioner by virtue of the said agreement ; the first petitioner was not a person whose interest was affected by the same as no interest ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . No. 721 of 1991. Before us, Sri H. Raghavendra Rao and Sri K R. Prasad, learned counsel for the respondents, urged that the orders, annexures-C and E, impugned in the writ petition, were just and valid ; the notice ITCP-1 under rule 2 had been served on the defaulter on September 3, 1973, and the attachment in ITCP-16 was made on February 11, 1988, which, by virtue of rule 51, related back to September 3, 1973. In view of rule 16, the defaulter was not competent to deal with the property after the attachment. Hence, the agreement of sale dated November 20, 1982, did not confer any right, title or interest over the property on petitioner No. 1 and the said agreement was null and void. The application filed by petitioner No. 1 under rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry Officer. It further states that, after an attachment has been made, the property attached or any interest therein and payment made to the defaulter contrary to such attachment shall be void as against all claims enforceable under the attachment. In view of the various dates given above as to the events that have taken place, it is clear that, as on November 20, 1982, the defaulter, Y. S. Devendra Murthy, was not competent to enter into an agreement of sale of the property belonging to him. Even otherwise a mere agreement of sale did not confer or create any right, title or interest in him over the immovable property. As a matter of fact, even the first petitioner had filed a suit for specific performance of the agreement. This being the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the two petitioners is maintainable. " On a detailed examination of the facts and position of law stated above, we are unable to persuade ourselves to accept the view of the learned single judge in this regard. We have no hesitation to hold that the application filed by petitioner No. 1 under rule 60 was not maintainable as he was not a person whose interest was affected over the property sold. For the same reason, he could not maintain the appeal before respondent No. 1. Petitioner No. 2 neither filed an application under rule 60 nor filed an appeal against the order, annexure-C, to the writ petition passed by the second respondent and as such could not maintain the writ petition. Thus, the writ petition filed by the petitioners was n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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