B rsquo s property is attached in exaction of a money decree obtained by A While the attachment is p...........

Civil Procedure Code (CPC) 1908 Execution

B’s property is attached in exaction of a money-decree obtained by A. While the attachment is pending, B sells the property to C, who pays off a mortgage prior to A’s suit. The property is then sold in execution and is purchased by D.

The sale to C is not contrary to the attachment and is not against D. C may have a right of subrogation to the prior mortgagee, but that does not give him a right to possession as the mortgagee was unsufructuary

The sale to C is not contrary to the attachment and is not void against D. C may have a right of subrogation to the prior mortgagee, which gives him a right to possession as the mortgagee was unsufructuary

The sale to C being contrary to the attachment, is void as against D. C may have a right of subrogation to the prior mortgagee, but that does not give him a right to possession as the mortgagee was not unsufructuary

None of these

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