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Judgment
Sufficient attention has not been paid to the dates in this case. Before the 1st of July 1882, when the Transfer of Property Act came into force,
the appellants had obtained their decree, dated 20th November 1881; they had got the property attached on the 9th March 1882, and in the
month of April had obtained orders for sale.
This being so, we are of opinion that a legal relation was constituted between the appellants and their judgment-debtor before the Act came into
force and that out of this relation arose a right to have the order for sale carried out. They are entitled to sell under the order, whereas if Section 99
of the Transfer of Property Act is applicable they cease to be so entitled when the Act came into force.
We are therefore of opinion that the plaintiff is not entitled to rely on Section 99, and we are supported in this view by the decision in Dinendra
Nath Sanityal v. Chandra Kishore Munshi ILR 12 Cal. 436 .
The decree of the District Judge must be reversed and that of the District Munsif restored with costs in this and in the Lower Appellate Court.