The limitation period for delivery of possession under Article 134 begins from the confirmation of sale, not the issuance of the sale certificate.

ORDER :

(B. S. BHANUMATHI, J.)

This revision petition is filed by the judgment debtor aggrieved by the order, dated 04.03.2024, allowing E.A.No.219 of 2014 in E.P.No.35 of 2008 in O.S.No.572 of 2006 on the file of the Court of I Additional Civil Judge (Senior Division), Nellore, filed by the auction purchaser under Order XXI, rule 95 CPC to deliver the vacant possession of the petition schedule property.

2. Heard Sri K. Rajashekar, learned counsel for the petitioner/ judgment debtor and Sri N. Harinadh, learned counsel for the respondent/auction purchaser.

3. The facts, in brief, are as follows:

The suit in O.S.No.572 of 2006 was filed by the plaintiff, Raja Surendra Kumar, on the file of the Court of I Additional Senior Civil Judge, Nellore, for recovery of an amount of Rs.1,82,904/-. The suit was decreed on 24.09.2007 for an amount of Rs.1,82,904/- and thereafter, the DHr filed E.P.No.35 of 2008 for recovery of an amount of Rs.2,04,693/-. The property was sold to the petitioner in E.A.No.219 of 2014, for Rs.6,55,000/- in the auction held on 30.03.2009. The petitioner/JDr filed E.A.No.96 of 2009 to permit him to deposit the EP amount and consequently to set aside the sale held on 30.03.2009.The petition was dismissed on 24.07.2009. Against the order, C.R.P.No.3784 of 2009, along with C.R.P.M.P.No.5227 of 2009, was preferred. By order, dated 13.08.2009, stay was granted with a condition to deposit the entire decretal amount within two weeks. Accordingly, the petitioner deposited the amount of Rs.2,63,629/- on 24.08.2009. Thereafter, the revision was dismissed as infructuous on 04.08.2011. The sale was confirmed on 27.12.2011. Aggrieved by the same, the JDr again preferred C.R.P.No.1028 of 2012. The order, dated05.03.2012, passed therein reads as follows:

“..to peruse the entire record afresh after verifying as to whether the petitioner/JDr. Paid the entire decretal amount and to pass an elaborate order if the same is not paid. Till such time, the operation of the impugned order is hereby set aside.”

On 05.11.2012, the execution Court passed an elaborate order and ordered for issuance of sale certificate. Aggrieved by the same, the JDr preferred revision in C.R.P.No.6190 of 2012. The said revision was dismissed on 23.04.2014.

4. At this stage, on 28.11.2014, the auction purchaser filed the present petition in E.A.No.219 of 2014 seeking delivery of the schedule property and on the same day, delivery was ordered without issuing notice to the respondent/JDr.

5. Aggrieved by the order, dated 28.11.2014, directing delivery of property without notice, the JDr filed C.R.P.No.5364 of 2015. By order, dated 13.02.2023, the revision was allowed setting aside the orders of delivery of possession and directing the execution Court to dispose of E.A.No.219 of 2014 within three months after receipt of the counter filed by the respondent/JDr.

6. The JDr filed a counter raising mainly the following contentions:

The petition is barred by limitation. The petition is not maintainable. The respondent/JDr already deposited the entire EP amount along with poundage charges on 24.08.2009. If the auction purchaser is directed to take return of the deposited amount of sale price of Rs.6,55,000/-, no prejudice would be caused to him. The petition is liable to be dismissed.

7. The execution Court allowed the petition on 04.03.2024 and ordered issuance of warrant for delivery of the property.

8. Hence, this revision is preferred by the judgment debtor.

9. The main contention of the revision petitioner is that the petition in E.A.No.219 of 2014 for delivery of the property is barred by limitation as the petition ought to have been filed within one year from the date of confirmation of sale i.e., 27.12.2011, but not the date of issuance of sale certificate, as per Article 134 of the Limitation Act, 1963 . In this regard, the learned counsel for the petitioner referred to the decision of the Supreme Court in Pattam Khader Khan vs. Pattam Sardar Khan and Ors., [1996 AIR SCW 3