TMI Blog2007 (1) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... l Judge, Banaglore. A proclamation of sale of immovable property bearing No. 1138/8, II Main Road, Vijaynagar, Bangalore was issued on 21.10.1988 whereupon the auction sale was held. In the said auction sale Smt. Mahadevi S. Havannavar became the highest bidder having given a bid for a sum of ₹ 3,25,000/-. The said deal was accepted by the learned Executing Court on 26.10.1988. It is stated that the said sale was conducted at about 4.00 p.m. on the said date and keeping in view of the fact that the banks at that time were closed, the court directed the auction purchaser to deposit the amount by the next day in the following terms: Sale proclamation and warrant not served at spot. TRD files vakalath for the bidder did accepted (sic), permitted to deposit 25% of the sale amount by tomorrow. Property is free from encumbrances as it stands for balance of consideration by 11.11. It is not in dispute that pursuant to or in furtherance of the said direction, the auction purchaser deposited the amount of 25% of the sale amount on 27.10.1988 and deposited the balance amount on 11.11.1988. Smt. Leelavathi, Respondent No. 3 herein, in the meanwhile, had instituted a suit i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Respondent No. 3, it transpired that the auction sale had allegedly been set aside at the instance of the decree holder on the premise that the sale was void as it was confirmed before expiry of 30 days from the date of acceptance of the bid and other litigations by an order dated 27.09.1996 which is to the following effect: Dhr. KAB Jdr. SGK To hear Dhr. and to produce copy of orders in RFA. Sri MRG for Dhr submits that the sale is void in view of the confirmation before 30 days and other litigations. Hence sale is set aside for these reasons. The said order appears to be vague. No reason has been assigned in support thereof. On what ground the decree holder was permitted to raise the said contention was not disclosed. A revision application was filed by the appellant herein before the High Court which by reason of the impugned judgment has been dismissed. It appears that the vendor of the appellant had also filed a revision application and the same was also disposed of by reason of the said judgment. The High Court in its impugned judgment, however, opined that in view of the fact that the 25% of the bid amount was not deposited on 26.10.1988 and was deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reads as under: 84. Deposit by purchaser and re-sale on default.-- (1) On every sale of immovable properly the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent on the amount of his purchase-money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be re-sold. What would be the meaning of the term immediately came up for consideration before this Court, as noticed hereinbefore, in Manilal Mohanlal Shah (supra) wherein it was held: Having examined the language of the relevant rules and the judicial decisions bearing upon the subject we are of opinion that the provisions of the rules requiring the deposit of 25 per cent of the purchase-money immediately on the person being declared as a purchaser and the payment of the balance within 15 days of the sale are mandatory and upon non-compliance with these provisions there is no sale at all. The rules do not contemplate that there can be any sale in favour of a purchaser without depositing 25 per cent of the purchase- money in the first instance and the balance within 15 days. When there is no sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of England (Fourth Edition) Volume 44(1) (Reissue), it is stated: 1392. Commonsense Construction Rule. It is a rule of the common law, which may be referred to as the commonsense construction rule, that when considering, in relation to the facts of the instant case, which of the opposing constructions of the enactment would give effect to the legislative intention, the court should presume that the legislator intended common sense to be used in construing the enactment. 1477. Nature of presumption against absurdity. It is presumed that Parliament intend that the court, when considering, in relation to the facts of the instant case, which of the opposing constructions of an enactment corresponds to its legal meaning, should find against a construction which produces an absurd result, since this is unlikely to have been intended by Parliament. Here 'absurd' means contrary to sense and reason, so in this context the term 'absurd' is used to include a result which is unworkable or impracticable, inconvenient, anomalous or illogical, futile or pointless, artificial or productive of a disproportionate counter- mischief. 1480. Presumption against anomalous or il ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, the absence of time between two events. In the former sense, it means proximately, without intervention of anything, as opposed to mediately . In the latter sense, it means instantaneously. The term immediately , is, thus, required to be construed as meaning with all reasonable speed, considering the circumstances of the case. [See Halsbury's Laws of England, 4th Edition, Vol. 23, para 1618, p. 1178] In a given situation, the term immediately may mean within reasonable time. Where an act is to be done within reasonable time, it must be done immediately. [See M/s. Gangavishan Heeralal v. M/s. Gopal Digambar Jain and Others, AIR 1980 MP 119 at 123, Keshava S. Jamkhandi v. Ramachandra S. Jamkhandi, AIR 1981 Kar 97 at 101, Ramnarayan v. State of M.P., AIR 1962 MP 93 at 98, R. v. Inspector of Taxes, (1971) 3 All ER 394 at 398 and R. v. HU Inspector of Taxes, (1972) 1 All ER 545 at 555] In Bombay Dyeing (supra), this Court observed: In 'The Interpretation and Application of Statutes', Reed Dickerson, at p.135 discussed the subject while dealing with the importance of context of the statute in the following terms: ... The essence of the language is to refl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t day also happens to be a holiday, the day immediately thereafter coming up which is a working day will be the day on which such act will have to be performed. If any other interpretation is given it would stultify the very object of law We may consider another aspect of the matter. With a view to consider the question as to whether he intended to abide by the provisions of a statute or the order of a court, his conduct is relevant. If one intended to comply with order of a court but by reason of fortuitous circumstances, he is not in a position to do so, the statute would not be held to be operating harshly in such a case. We, therefore, are of the opinion that having regard to the order of the court and the other circumstances stated by the appellant, his predecessor-in- interest not being able to deposit the 25% of the bid amount upon acceptance of bid did not render the auction sale void, as was opined by the High Court. We may also notice that the auction purchaser had deposited the full purchase money within the time stipulated in terms of Order XXI Rule 85 of the Code. We do not know under what circumstances the decree holder himself filed an application for s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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