Period of limitation for filing a petition for delivery of possession by an auction purchaser commences one year from the date when the sale certificate has been issued - Remedy for an auction purchaser is only by way of a petition under Order 21 Rule 95 C.P.C and not by way of a separate suit

Citation

2024-3-L.W. 680

(2024) 4 MLJ 217

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 12.04.2024

Pronounced on: 28.06.2024

Review Petition No.113 of 2019 in S.A.No.97 of 2019 

P.T.Asha, J.

N.M.Subramaniam                                     .. Review Applicant / Appellant 

-Vs-

Unnammal (died) & others                     Respondents

Prayer: Review Petition has been filed under Order 47 Rule 1, r/w. of C.P.C against the order dated 31.01.2019 made in S.A.No.97 of 2019 passed by this Court.

C.P.C., Section 47, Execution, order 21 rule 95, delivery of property in occupation of judgment debtor, Order 47, Review, scope of

Limitation act, Article 134, delivery of possession, Article 65

Suit for recovery of possession whether barred plaintiff is not only the auction purchaser but is also decree holder in the earlier suit and he comes within prohibition set out in section 47 suit is barred                           para 30

held: period of limitation for filing a petition for delivery of possession by an auction purchaser commences one year from the date when the sale certificate has been issued Article 134 that would apply period of limitation for filing a petition under provisions of Order 21 rule 95 would be the date on which the sale certificate has been issued.