Purchases the property in a court auction-sale, gets title to the property by sale certificate issued by the court as true owner and after confirmation of the sale, he gets possession thereof.- he can file injunction suit against JD

Citation

1997 (1) Supreme 210

1997 (1) SCC 749

 Nellikottu Kolleriyil Madhavi v. Kavakkalathil Kalikutty (Supra), the High Court of Kerala has held as follows:

Nellikkottu Kolleriyil Madhavi vs Kavakkalathil Kalikutty & Ors on 29 November, 1996

This appeal by special leave arises from the judgment and decree of the Kerala High Court dated 24/5/1993, made in SA No.368 of 1989. The respondents had purchased the Plaint Schedule property in execution of the decrees in OS No.262 of 1955 on the file of the court of the District Munsif, Parappanangadi. The sale certificate, Exh.A-2 dated 28/1/1958 was given to the respondents. They had also filed an application for delivery of possession of the property which had come to be delivered under Exh.A-3 dated 21/7/1961.After taking delivery of the possession on 20/10/1961, they assigned the Plaint Schedule property to the plaintiff. Under those circumstances, the question arises whether they are entitled to a decree of perpetual injunction restraining the appellant from interfering with his possession. Though the trial court and the appellate court had accepted the case of the appellant, the High Court has pointed out that aforesaid documents are material for deciding the controversy and the courts below had not considered those documents in proper perspective. Accordingly, in second appeal, the High Court has gone into that question. It is settled law that the person who purchases the property in a court auction-sale, gets title to the property by sale certificate issued by the court as true owner and after confirmation of the sale, he gets possession thereof