JUDGEMENT :- A very interesting and rather important question of law arises in this Second Appeal. The question relates to the right of an auction purchaser in a Court sale, who has purchased property but has found to his surprise that the judgment- debtor had no saleable interest in the property that he (auction-purchaser) purchased. The question is, whether he can proceed against the decree-holder and/or judgment-debtor for the recovery of the moneys paid by him for the purchase of the property in auction .Normally speaking it would have been enough for me to refer to the Division Bench the judgment of this Court in Santimmappa v. Balbhim Co-operative Credit Society, AIR 1950 Bom 313, and allow the appeal However, I find that certain aspect of the question which did not fall for consideration of the Division Bench remained, undecided in the said decision presumably on account of the peculiar pleadings in that case. I find that without a decision being given on that aspect, the question falling for the consideration of this Court cannot really be said to have been fully decided and this is what has propelled me to give a rather fulsome judgment on the case as a whole.

2. The facts

Click Here to Read the rest of this document