Whether the prior unregistered and non-possessory sale agreement prevails over the subsequent attachment before judgment for recovery of the suit claim based on promissory note and what are the equities in the event of the suit for recovery of money decreed ex parte and the suit for specific performance of the contract for sale also decreed on contest subsequent to the money decree in respect of recovery of money and in enforcement of the specific performance including from execution of sale deed by the Court pursuant to the specific performance decree and whether the Courts below in the concurrent finding upholding the attachment to prevail over the sale agreement are correct, more particularly, from the amendment to Section 64 C.P.C. without any amendment to the two limbs of Order 38 Rule 10 C.P.C. = claim petition filed by the non-possessory unregistered sale agreement holder as claimant by name, Ramayanam Satish Kumar against the decree holder by name, Thamada Bhaskara Rao of the money decree based on a promissory note said to have been executed by the judgment debtor by name, Smt.Pilla Supraja.= right prevails by operation under Section 47 of the Registration Act and Order 38 Rule 10 C.P.C. and the rigour imposed under Section 64 C.P.C. does not prevail is not fully correct from what is discussed supra so also for the case not coming under the spirit of Section 64(2) of the amended C.P.C. 32. Having regard to the above, the above substantial questions of law formulated are answered in saying the Courts below are not fully correct in dismissing the claim petition of the agreement holder, R.Satish Kumar, but for, to say the claim cannot be fully allowed of R.Satish Kumar against T.Bhaskara Rao and P.Supraja, who are the decree holder and judgment-debtor respectively of the money decree, where there was also an attachment before judgment prior to filing of the suit for specific performance and what the right the agreement holder has on the date of filing of the suit for specific performance was having is at best under Section 55 of the Transfer of Property Act, the charge, at best over the property for recovery of the advance sale consideration by virtue of the wording of Section 55 statutorily like a charge to the purchase for recovery on the property of unpaid consideration, in the event of the suit for specific performance filed and on contest decreed by also impleading the money decree holder-cum-person, who attached the property from the deemed notice, it was not done, though otherwise had it been done, the limit of the agreement holder is to the balance sale consideration to answer to the attachment before judgment has right in the property, which is subject to the sale agreement. - it is just to say the claimant, R.Satish Kumar (the specific performance decree holder) has to pay the original suit principal amount of the suit claim of Rs.6,00,000/- to T.Bhaskara Rao (the money decree holder) which amount of Rs.6,00,000/- includes adjustment by receiving back the amount deposited in the suit for specific performance in the Court with accrued interest to meet the same and also that includes any amount earlier paid under any settlement proposal through mediator or any direction of this Court or the Courts below. The said amount has to be paid within eight weeks from today, failing which T.Bhaskara Rao, money decree holder is entitled to execute and recover said Rs.6,00,000/- with interest at 12% p.a. from today onwards for balance after adjustment of what is stated supra. For any further claim of the money decree holder, T.Bhakara Rao is to proceed personally against respondent No.2/judgment debtor, Smt.P.Supraja if there is any other property of her for the reason Section 56 C.P.C., speaks a female is not liable for arrest for any recovery of a money decree.
Whether the prior unregistered and non-possessory sale agreement prevails over the subsequent attachment before judgment for recovery of the suit claim based on promissory note and what are the equities in the event of the suit for recovery of money decreed ex parte and the suit for specific performance of the contract for sale also decreed on contest subsequent to the money decree in respect of recovery of money and in enforcement of the specific performance including from execution of sale deed by the Court pursuant to the specific performance decree and whether the Courts below in the concurrent finding upholding the attachment to prevail over the sale agreement are correct, more particularly, from the amendment to Section 64 C.P.C. without any amendment to the two limbs of Order 38 Rule 10 C.P.C. = claim petition filed by the non-possessory unregistered sale agreement holder as claimant by name, Ramayanam Satish Kumar against the decree holder by name, Thamada Bhaskara Rao of the money decree based on a promissory note said to have been executed by the judgment debtor by name, Smt.Pilla Supraja.= right prevails by operation under Section 47 of the Registration Act and Order 38 Rule 10 C.P.C. and the rigour imposed under Section 64 C.P.C. does not prevail is not fully correct from what is discussed supra so also for the case not coming under the spirit of Section 64(2) of the amended C.P.C. 32. Having regard to the above, the above substantial questions of law formulated are answered in saying the Courts below are not fully correct in dismissing the claim petition of the agreement holder, R.Satish Kumar, but for, to say the claim cannot be fully allowed of R.Satish Kumar against T.Bhaskara Rao and P.Supraja, who are the decree holder and judgment-debtor respectively of the money decree, where there was also an attachment before judgment prior to filing of the suit for specific performance and what the right the agreement holder has on the date of filing of the suit for specific performance was having is at best under Section 55 of the Transfer of Property Act, the charge, at best over the property for recovery of the advance sale consideration by virtue of the wording of Section 55 statutorily like a charge to the purchase for recovery on the property of unpaid consideration, in the event of the suit for specific performance filed and on contest decreed by also impleading the money decree holder-cum-person, who attached the property from the deemed notice, it was not done, though otherwise had it been done, the limit of the agreement holder is to the balance sale consideration to answer to the attachment before judgment has right in the property, which is subject to the sale agreement. - it is just to say the claimant, R.Satish Kumar (the specific performance decree holder) has to pay the original suit principal amount of the suit claim of Rs.6,00,000/- to T.Bhaskara Rao (the money decree holder) which amount of Rs.6,00,000/- includes adjustment by receiving back the amount deposited in the suit for specific performance in the Court with accrued interest to meet the same and also that includes any amount earlier paid under any settlement proposal through mediator or any direction of this Court or the Courts below. The said amount has to be paid within eight weeks from today, failing which T.Bhaskara Rao, money decree holder is entitled to execute and recover said Rs.6,00,000/- with interest at 12% p.a. from today onwards for balance after adjustment of what is stated supra. For any further claim of the money decree holder, T.Bhakara Rao is to proceed personally against respondent No.2/judgment debtor, Smt.P.Supraja if there is any other property of her for the reason Section 56 C.P.C., speaks a female is not liable for arrest for any recovery of a money decree.