Title vested in Auction Purchaser in Court Auction sale under Section 65 - Suit for Recovery of Possession maintainable, even if Auction Purchaser's remedy under Order 21, Rule 95 is time barred

Citation

2022 (5) CTC 881 (Mad)

2022(3) MWN(civil) 481

2022(7) MLJ 641

2022(5) LW 46

IN THE HIGH COURT OF MADRAS (Madural Bench)

N. Seshasayee, 1.

SA.(MD) No. 1145 of 2011

September 30, 2022

K. Palanichamy Gounder

...Appellant

Kandasamy Gounder Chinnappa Gounder (Dead). 2. P. Rajendran, 3. P. Kaliappan. 4. P. Kandhasamy, 5. C. Kallappan. 6. C. Dhandapani. 7. Muthammal. B. K.P. Dhandapani

Respondent

Code of Civil Procedure, 1908 (5 of 1908), Section 65 and Order 21, Rule 95-Transfer of Property Act, 1882 (4 of 1882), Section 54 Auction Purchaser-Seeking recovery of possession Modes available Suit for Recovery of Possession, whether maintainable Bar under Order 21, Rule 95, applicability of Held, Title vested in Transferee in sale inter- vivos between parties under Section 54 of Act, and Title vested in Auction Purchaser in Court Auction sale under Section 65 of Code, merely different modes of vesting of Title Mode of vesting of Title distinct from vesting of ownership - Once title in immovable property vested in Purchaser, there can be no discrimination between Purchaser in Court Auction sale and in inter vivos transfer based merely on mode of vesting Procedure prescribed under Order 21, Rule 95 of Code not exclusive options available to Auction Purchaser, but merely one of the options to take delivery of property-Suit for Recovery of Possession maintainable, even if Auction Purchaser's remedy under Order 21, Rule 95 is time barred or not invoked or dismissed for default-Ratio laid down in Pattam Khader Khan followed - Appeal allowed.

Facto Plaintiff scam Austini Phirtan, ichi yauchi execution of the Decree unidin Order 21. Rules of CPC: The Petition was dismissed by the Execution Court an houred de linirente cilen ja seal filed i