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1946 DIGILAW 142 (ALL)

Mt. Ram Sri v. Jai Lal

1946-05-01

body1946
JUDGMENT Malik, J. - This case raised a very short point. Certain trees were sold at auction in execution of a simple money decree and were purchased by the plaintiff in the year 1934. The sale was made absolute on 31-7-1934. Six years afterwards in the year 1940, in execution of a decree against the same judgment-debtors the defendants purported to sell the same trees and purchased them themselves. They then started interfering with the plaintiff's title and the plaintiff then filed the suit for delivery of possession and for damages. The suit was decreed by the lower appellate Court. 2. Learned counsel for the appellants has raised the point that it was clear from the judgment of the trial Court that though the sale was confirmed on 31-7-1934, the plaintiff did not apply for a sale certificate and he has urged that without a sale certificate the title in the trees did not pass to the plaintiff. Learned counsel has relied on the decision of their Lordships of the Judicial Committee in (21) 48 I.A. 155 : 9 AIR 1922 P.C. 252 : 44 Mad 483 : 63 I.C. 708 (P.C.) Ramabhadra Naidu v. Kadiriyasawami Naicker. In which it was held that a certificate of sale was a document of title. It is no doubt a document of title and the rules make it perfectly clear that this is to be treated as such and then sent to the various registration offices where the property may be situate with the object of having a note made in the necessary register, but that does not, however, settle the question whether the title to the property can or cannot pass till the issue of the sale certificate. Under C. 21, R. 92, Civil P.C. where no application is made under R. 89, R. 90 or 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute. Under S. 65 of the Code where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute. Under S. 65 of the Code where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute. These sections make it perfectly clear that it is the confirmation of the sale that passes the title and the auction purchaser becomes the owner of the property from the date of the sale. Under o. 21, R. 94, Civil P.C. it is the duty of the Court to grant a certificate specifying the property sold and the name of the person who at the time of the sale is declared to be the purchaser, but such certificate shall bear date the day on which the sale became absolute. The vesting of title is not made dependant on the issue of the sale certificate. To my mind, the law on the point is perfectly clear that the property vested in the plaintiff after the auction sale was confirmed from the date of the said sale and there was therefore no title left in the judgment-debtor which the defendants could purchase in the year 1940. The decision of the lower appellate Court is, therefore, correct and I dismiss this appeal with costs.