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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PARMOD GOYAL
Vasdev (Since Deceased) Through Lrs – Appellant
Versus
Harkrishan Singh (Since Deceased) Through Lrs – Respondent
Judgment :
Parmod Goyal, J.
CM-2920-C-2019 in RSA-1224-2019
This is an application for condonation of delay of 9 days in refiling the present appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 9 days in refiling the present appeal, is hereby condoned.
Main Case(s)
1. Appellants-Defendant Nos. 1 and 4 have preferred two appeals and are aggrieved by the judgment and decree dated 26.03.2015 passed by the Civil Judge (Junior Division), Rajpura, and the judgment and decree dated 01.08.2018 passed by the First Appellate Court presided over by the Additional District Judge, Patiala, whereby the suit for possession and permanent injunction filed by the plaintiffs was decreed and the decree was upheld in appeal.
2. The plaintiff-respondent, in their suit for declaration and permanent injunction, had asserted that on 29.05.2006, he participated in a court auction, wherein Shop No. 2 and Shop No. 3-part of House No. 1508, Rajpura Town were put to auction. The plaintiff emerged as the highest bidder for a sum of ?l,90,000/- and, in accordance with the auction conditions, he duly deposited one-fourth of the bid amount at the spot with the Court auctioneer. The p
The limitation for an auction purchaser to seek delivery of possession commences from the issuance of the sale certificate, and a separate suit for recovery of possession is barred under Section 47 o....
The validity of a court auction sale is upheld even if the judgment debtor's legal representatives are not present at the confirmation stage, provided they were represented at the sale.
An auction purchaser who fails to take delivery within one year is barred from filing a fresh suit for possession under Section 47 CPC, but may file under Article 65 if based on title.
Auction purchasers can seek possession under Order 21 Rule 95 CPC, as they inherit the rights of the original auction purchaser, emphasizing the legal right to possession as integral to property sale....
The limitation period for delivery of possession under Article 134 begins from the confirmation of sale, not the issuance of the sale certificate.
The main legal point established in the judgment is that the right to sue for specific performance can be lost due to the limitation period, leading to the grant of possession to the defendants.
Point of law: Amendment of plaint – Time barred suit - If the plaintiff were to file a suit for possession now, it having lost its possession in the year 2004 itself, cannot bring a suit within the r....
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