Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908-Section 47 r/w S.151 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908-Section 47 r/w S.151-Execution proceedings-Money decree-Sale of property by auction-Certificates of sale-Documents of title-Not to be lightly regarded or loosely construed-Question as to what was sold in execution of decree-Question of fact-Revisional court not justified in reopening finding of fact.A money decree was passed against respondent No. 1. In execution of the said decree the property of respondent was sold by auction to the appellant. In the sale certificate the property that was sold was described.The same description was given in the sale proclamation. Before issuance of the sale certificate respondent No. 1 had filed petitions for setting aside the sale on the ground that respondent No. 1 had only 1/4th share in the property and further that the bid was too low. A schedule filed alongwith the petition gave the description of the property in the same terms as mentioned in the sale proclamation and sale certificate. The petitions were dismissed and the sale was confirmed. The appellant obtained possession of the entire property within the boundaries as mentioned in the sale certificate. After the delivery of the possession respondent No. 1 filed a suit for a declaration that the sale certificate issued in favour of the appellant did not pass title to the property bearing Door No. 14/7 and related only to the terraced building and for a permanent injunction. During the pendency of the suit respondent No. 1 filed a petition in the execution proceedings u/s 47/151 CPC wherein he prayed for a declaration that the sale certificate did not pass titled to the appellant in respect of the property mentioned in the schedule to the said application. The petition was dismissed. The Court held that the petition schedule property was located within the boundaries mentioned in the schedule to the execution petitions as well as in the schedule attached to the sale certificate. The contention that there were two buildings, the terraced building and the upstairs building was rejected. A revision petition filed against the order was allowed. The High Court held that when respondent No. 1 raised the contention that within the boundaries there was other upstairs building with vacant site and that the property that was sold and delivered was only the terraced building, the lower court ought to have appointed a Commissioner. Matter was remitted to the executing court with the direction to appoint a Commissioner to make local inspection of the petition schedule property to dispose of the execution application in accordance with law. A review petition filed by the appellant was dismissed. These appeals were filed against the orders of the High Court.The appellant submitted that the High Court, in exercise of its revisional jurisdiction was in error in interfering with the order passed by the subordinate Judge dismissing the application filed by respondent No. 1 under Section 47 r/ws 151. It was submitted that the boundaries of the property which was sold in the auction sale was indicated in the sale certificate and they were same boundaries as were mentioned in the sale proclamation. The appellant urged that the sale certificate issued in favour of the appellant was conclusive and there was no infirmity in the order passed by the lower Court. |
Judge | Hon'ble Mr. Justice S.C. Agrawal |
Neutral Citation | 1995 INSC 140 |
Petitioner | P. Udayani Devi |
Respondent | V.v. Rajeshwara Prasad Rao And Anr. |
SCR | [1995] 2 S.C.R. 332 |
Judgement Date | 1995-02-24 |
Case Number | 3030-31 |
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