- (1.) Special leave granted.
(2.) An extent of 80 cents of land which is in dispute in this appeal was agreed to be sold in favour of the appellant under an agreement dated 9/10/1978. Before the sale deed was executed, a third party in execution of a decree got the property attached on 16/11/1978. The sale deed was executed on 23/11/1978. The question is: Does the sale prevail over the attachment
(3.) The High court of Kerala in the judgment under appeal has held that the sale would be subject to attachment This appears from the following observation: "The sale deed was executed at a time when the property was already under attachment. It is true that even before effecting attachment there was an agreement for sale by Sarojini Ramakrishnan in favour of the appellant. But the agreement for sale will not create any interest in the property. The fact that Ex. A-12 sale deed was executed on the basis of an agreement executed before the attachment will not place the appellant in any better position. He could take the 80 cents under Ex. A-12 only subject to the attachment. ";