Limitation is to be reckoned from date of confirmation of sale as title of court auction purchaser is complete on confirmation of sale under Order 21 Rule 92 and Section 65 Code of Civil Procedure Issuance of Sale certificate is only evidence of title

Citation

2004 (4) CTC 148 (SC)

AIR 2005 SC 1500

AIROnline 2004 SC 42

2004 AIR SCW 7461

IN THE SUPREME COURT OF INDIA

Ashok Bhan and S.H. Kapadia, JJ.

Civil Appeal No. 2372 of 2000.July 22, 2004

Ratan Bapu Patil (Dead) by Lrs. and Others                     ...Appellant

...VS...

Dodhu and Others                                                 ...Respondent

Limitation Act, 1963, Artide 134 Code of Civil Procedure, 1908, Section 65, Order 21, Rule 95 Application for possession of property purchased under Court auction is governed by Artide 134 Limitation Act Period of Limitation is to be reckoned from date of confirmation of sale as title of court auction purchaser is complete on confirmation of sale under Order 21 Rule 92 and Section 65 Code of Civil Procedure Issuance of Sale certificate is only evidence of title Sale confirmed on 17.4.1968 and application for possession should be filed within one year from sald date. [Paras 5 & 6]