Whether person in whose favour agreement of sale is executed can file objection to attachment of property?

 Though an agreement to sell does not create any title in an immovable
property as understood by Section 54 of the Transfer of Property Act, 1882, 
but it is settled law that objections to attachment of immovable property can
be preferred under Order 21 Rule 58 of the Code of Civil Procedure by a
person in whose favour there is a contract of sale of immovable property
because the word ‘interest’ contemplated by said Rule is not in the sense in
which the expression ‘interest’ has been used under Section 54 of the
Transfer of Property Act, 1882. As held by a Division Bench of this Court
in the decision reported as 94 (2001) DLT 841 (DB) Asha M.Jain Vs.
Canara Bank & Ors., the attached immovable property can be sold subject
to the interest that has been created in the property with possession handed
over under an agreement to sell, and we may highlight that an interest is
recognized in a property, where under an agreement to sell the entire sale
consideration is paid and possession taken over by the purchaser from the
seller with an irrevocable power of attorney executed by the seller in favour
of the buyer, and falling within the interest irrevocably protected by Section
202 of the Indian Contract Act, 1872.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Delivered on: May 13, 2016
 W.P.(C) 4505/2015
SWARAJ KISHORE ARORA 
versus
INDIAN BANK AND ORS. 
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA

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