Auction sale -- Custodian auction - Purchaser at a custodian auction is entitled to interest and rights that custodian could lawfully alienate - Where custodian by its own mistake or inadvertence, sells or confirms sale of land, which is in public use or otherwise not alienable without proper procedure, equitable justice may require that purchaser be compensated, either..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with peaceful use of electric motor - Sanad Taksim along with site plan, demonstrates that sufficient portions of land, motor room and approach paths have been allocated to both brothers - This ensures that plaintiff can freely access and use electric..........
Auction sale -- Setting aside - Refund of money to auction purchaser - Auction purchaser entered the auction in good faith and deposited its hard earned money in the belief that law clothed the auction with legitimacy - Auction purchaser neither breached the covenant nor failed in diligence and did not seek to profit from the illegality - Restitution therefore becomes not..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Mere registration of a deed, if procured in consequence of a sale which was void for want of compliance with O.21 CPC, cannot retroactively confer validity on proceedings which were statutorily defective ab initio - Law does not permit procedural ratification to be manufactured by subsequent events when..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Practice and Procedure -- There exists no provision under CPC which empowers Court to treat previously deposited or retained sums as a form of guarantee for validating a sale - CPC prescribes specific and exhaustive modes conducting Court sales, and such sales must strictly conform to those statutory procedures - Any deviation, however well-intentioned, cannot substitute..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
