Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1990 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1990 (1) TMI 296 - SC - Indian LawsWhether the auction purchaser’s interest should be protected as against the judgment debtor who has since succeeded in getting rid off the decree against him? Held that:- Appeal allowed. The judgment debtor who has been examined in the case has stated that the auction purchaser is a sambandhi of the decree holder. ’the decree holder’s daughter has been given in marriage to the son of auction purchaser. That evidence remains unchallenged. The evidence further indicates that after the purchase both of them have entered into an agreement with a third party for sale of the second item of properties for Rs.96,000 and a case seems to be pending on the basis of that agreement. The evidence also discloses that the auction purchaser had no money of his own to purchase the property. These circumstances are sufficient to hold that the auction purchaser was not a bona fide purchaser. The auction sale in his favour must, therefore, fall for restitution. The Court cannot lend assistance for him to retain the property of the judgment-debtor who has since succeeded in getting rid of the unjust decree.
|