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2014 (9) TMI 418 - DELHI HIGH COURTRecovery of dues - Attachment of property - petitioner is an innocent purchaser or not - Notice for eviction of property - Knowledge of creation of charge - Held that:- the warrant of attachment in this case, was not appropriately published in accordance with section 22 of the Punjab Revenue Act, which stipulates that every proclamation shall "be made by beat of drum or other customary method, and by posting of a copy thereof on a conspicuous place in or near the land to which it relates." There is no material on record for the court to reasonably deduce that the warrant was made known to the Sub-Registrar, under the Registration Act, so that a potential purchaser of the suit property was alerted in that regard. Indeed, the two affidavits filed on behalf of the Revenue--the first by the Sub-Registrar, and the second one by the Divisional Commissioner clarify that there is nothing to show that the attachment was made known to that office. Furthermore, even though the respondents urge that the warrant of attachment was pasted on the premises, no date or other particulars are forthcoming. In the absence of these basic requirements, it was not humanly possible for anyone, including the petitioners, to ascertain the Revenue's charge. Therefore, the petitioners were innocent purchasers without notice of any attachment order in respect of the suit property. - Decided in favour of appellant.
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