Civil Procedure Code, 1908, Order 21, Rule 84, 72 -- D.H. participated in auction proceedings with permission of Court - D.H. is not required to deposit 1/4th of the sale price...........
Limitation Act, 1963, Article 134 -- Auction purchaser - Application for taking actual physical possession - Limitation is one year from the date when sale becomes absolute - Sale became absolute on 25.10.1982 and application for possession filed on 28.10.1986 - Injunction in a suit filed by third parties not to disturb their symbolic possession to extent of 2/5th share in..........
Punjab Land Revenue Act, 1887, Section 15 -- Review - Acquiescence - A person not depositing the consideration as per terms of auction sale and withdrawing even the advance money is deemed to have acquiesced with the orders of cancellation of sale - He has no locus standi to file review against such orders...........
Punjab Land Revenue Act, 1887, Section 85 -- Auction sale - Non deposit of sale consideration in terms of conditions of sale - Sale becomes nullity on account of violation of S.85 and 88 of the Act and the sale becomes non-est in law - There is no question of confirmation of such a sale...........
Punjab Land Revenue Act, 1887, Section 85, 88, 158 -- Non compliance of conditions of sale - Mere fact that some interested person has filed a civil suit against the orders of the authorities, is no ground for not depositing auction money in time - Filing of a suit does not operate as a stay of order unless there is a specific order...........
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Mortgage money - Deposit - Mortgagor can deposit mortgage money at any time before confirmation of sale - Steps U.O.34.R.5 taken before confirmation of sale - Order confirming sale would not become absolute till disposal of appeal, if filed, against confirmation of sale -..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Provision is mandatory - Court has no jurisdiction to extend time - If auction purchaser does not deposit 3/4 of the balance amount required within the statutory period, the auction itself becomes non est and the entire sale proceedings a nullity...........
Civil Procedure Code, 1908, Section 151 -- Execution - Property sold - Amount more than sale warrant realised - Amount deposed in Bank - Due to certain events the matter was kept pending for a considerable time - Considerable interest accrued on the amount deposited in Bank - Sale confirmed and property delivered to auction purchaser - Who is entitled to interest accrued?..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Set aside by executing Court on objections U.O.21.R.90 - District Judge setting aside order of executing Court and holding objections to be barred by time - Observation of District Judge perverse being contrary to record - District Judge failing to advert to various aspects specifically considered by executing..........
Constitution of India, 1950, Article 226 -- Delay and laches - Writ petition in 1997 claiming allotment of sites in terms of resolution of Improvement Trust of 1974 and sale deeds executed in 1980 - Petitioners at no stage lax in pursuing their cause for allotment and cannot be held guilty of laches and denied relief on that ground - Improvement Trust after having accepted..........
