54. Attachment of immovable property.- (1) Where the property is immovable, the attachment shall be made by an Order prohibiting the judgment debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge. (1) The Order shall also require the judgment debtor to attend court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale. (2) The Order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the Order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the court house, and also, where the property is land paying revenue to the government, in the office of the Collector of the District in which the land is situate and, where the property is land situate in village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village.) HIGH COURT AMENDMENTS ALLAHABAD.- (1) At the end of clause (2) substitute a comma for the full stop and thereafter add the following: “and, where the property, whether paying revenue to Government or otherwise, is situate within Cantonment limits, in the office of the Local Cantonment Board and of the Military Estates Officer concerned.” (27.9.1941). (ii) Add the following as sub-rule (3): “(3) The attachment shall be deemed to have been made against transferees without consideration from the judgment-debtor, from the date of the order of attachment; and as against all other persons from the date on which they respectively had knowledge of the order of attachment or the date on which the order was duly proclaimed under sub-rule (2) whichever is earlier.” (5.2.1983).
ANDHRA PRADESH.- Same as that of Madras:
ASSAM AND NAGALAND.- Same as that of Calcutta. BOMBAY, DADRA AND NAGAR HAVELI.- For existing Rule 54 and its marginal note, substitute the following: “54. Attachment of immovable property.- (1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in anyway, and all persons from taking any benefit from such transfer or charge, such order shall take effect, where there is no consideration for such transfer or charge, from the date of such order, and where there is consideration for such transfer or charge, from the date when such order came to the knowledge of the person to whom or in whose favour the property was transferred or charged. (1-A) The order shall also require the judgment-debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale. (2) Copies of the order shall also be forwarded to the Collector with a request that appropriate entries showing the attachment levied on the property may be caused to be made in the revenue records, city survey records or village panchayat records as may be required in the particular case. (3) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the Court-house, and also, where the property is land paying revenue to the Government, in the office of the Collector of the District in which the land is situate, and also, where the property is situate within Cantonment limits, in the office of the Local Cantonment Board and the Military Estates Officer concerned, and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any having jurisdiction over that village. (1.10.1983). See also Goa Gaz. 12.10.1987 Ext. S. 1 No.28 p.385. (1.4.1987).
CALCUTTA, ANDAMAN AND NICOBAR ISLANDS.- (1) Add the following to sub-rule (2):
DELHI AND HIMACHAL PRADESH.- Same as that of Punjab. GUJARAT.- (1) Add the following to sub-rule (1): “Such order shall take effect, where there is no consideration for such transfer or charge, from the date of such order, and where there is consideration for such transfer or charge, from the date when such order came to the knowledge of the person to whom or in whose favour the property was transferred or charged.” (2) Substitute a comma for the full stop at the end of sub-rule (2) and add the following thereafter –
“and also, where the property is situate within Cantonment limits, in the office of the Local Cantonment Board and the Military Estates Officer concerned.” (17.8.1961).
KARNATAKA.- In sub-rule (2) of Rule 54 convert the full stop into a comma and add the words -
“and where the property is situated within the limits of a Municipality or other local authority also in the principal office of the said Municipality or the local authority.” (30.3.1967).
KERALA: LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- (i) For sub-rule (2), the following sub-rule shall be substituted, namely:
“(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and thereupon, a conspicuous part of the Court-house and also in the village office or, in case there is no such office, in the Taluk office of the place in which the land is situate and, where the property is situated within the limits of a Municipality or Panchayat, in the office of the Municipality or Panchayat within the limits of which the property is situate.” (ii) After sub-rule (2) the following sub-rule shall be inserted, namely: “(3) The attachment shall be deemed to have taken as against transferees without consideration from the judgment-debtor from the date of the order of attachment and as against all other persons from the date on which they respectively had knowledge of the order of attachment or the date on which the order was duly proclaimed under sub-rule (2) whichever is the earlier.” (9.6.1959).
MADHYA PRADESH.- (1) In sub-rule (2) delete the full stop at the end and add the following words:
“and also where the property is situate within Cantonment limits in the office of the Local Cantonment Board and the Military Estates Officer concerned.” (2) After sub-rule (2) of Rule 54 insert - (3) The order shall take effect as against purchasers for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the J.D. from the date on which such order is made. (16.9.1960).
MADRAS AND PONDICHERRY.- (a) Substitute the following for sub-rule (2):
“(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or order customary mode. A copy of the order shall be affixed on a conspicuous part of the property and on a conspicuous part of the Court-house. Where the property is land paying revenue to the Government, a copy of the order shall be similarly affixed in the office of the Collector of the District where the land is situated. Where the property is situated within Cantonment limits the order shall be similarly affixed in the office of the Local Cantonment Board and the Military Estates Officer concerned, and where the property is situated within the limits of a Municipality, in the office of the Municipality within the limits of which the property is situated.”
(b) Add the following as sub-rule (3):
“(3) The order of attachment shall be deemed to have been made as against transferees without consideration from the judgment-debtor from the date of the order of the attachment, and as against all other persons from the date on which they respectively had under sub-rule (2) whichever is earlier”; see Act 26 of 1968, Section 3 and Schedule, Pt. II. (5.9.1968). ORISSA.- Same as (1) of Madhya Pradesh. PATNA.- Same as that of Orissa. PUNJAB, HARYANA A.ND CHAJ’JDIGARH.- (1) At the end of sub-rule (2), substitute a semi-colon for full stop and add: “Where the property is land situated in a Cantonment, copies of the order shall also be forwarded to the Cantonment Board and to the Military Estates Office in whose area that Cantonment is situated.” (2) Add the following as sub-rule (3): “(3) The order shall take effect, as against persons claiming under gratuitous transfer from the judgment- debtor, from the date of the order of attachment, and as against others from the time they had knowledge of the passing of the order of attachment or from the date of the proclamation, whichever is earlier.” 7.4.1932).
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