Arrears of municipal taxes due by the transferor were not recoverable by attachment and sale of the property in the hands of the purchaser. - interest of Bonafide purchaser protected - There is no waranty of title in court auction sale

Ahmedabad Municipal Corporation of the City of Ahmedabad v. Haji Abdul Gafur Haji Hussenbhai, .

Equivalent citations: AIR 1971 SC 1201, 1971 SCR 63

 In that case before the Supreme Court,arrears of property tax due the party was in  under the Bombay Provincial Municipal Corporation Act. The said Act imposed a charge over the property held by a defaulter. The same was brought to sale in execution of a mortgage decree. When the municipality purported to exercise their charge over the property, the purchaser in court auction filed a suit for a declaration that he was the owner of the property and that therefore, the arrears of municipal taxes due by the transferor were not recoverable by attachment and sale of the property in the hands of the purchaser. A Division Bench of the Gujarat High Court accepted the case of the purchaser and decreed the suit, holding that the charge created in favour of the municipal corporation was not enforceable against the property