KANHAIYALAL versus DR. D.R. BANAJI AND OTHERS
Sale of property in possession of a court-appointed receiver without notice or leave of the court is illegal; suit challenging such sale is not barred by Berar Land Revenue Code, ss. 155, 156, 157, or 192 as the grounds lie outside their scope.
- Parties
- Appellant: Kanhaiyalal; Respondent 1: Dr. D.R. Banaji; Respondent 2: Provincial Government of Central Provinces and Berar; Respondent 3: Dulichand Bhagchand
- Jurisdiction
- India
- Judgment Date
- 31 March 1958
- Procedural Posture
- Civil Appeal / Final Judgment on Appeal From Nagpur High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Receiver's Rights, Auction Sale, Revenue Recovery, Jurisdiction of Civil Courts, Berar Land Revenue Code
Case Brief
Summary, issues, holding and outcome
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Parties
Kanhaiyalal
Appellant
Dr. D.R. Banaji
Respondent 1
Provincial Government of Central Provinces and Berar
Respondent 2
Dulichand Bhagchand
Respondent 3
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Nagpur High Court
Legal Issues
- 1 Whether sale of property in custody of court-appointed receiver without leave of that court is illegal
- 2 Whether suit to set aside such sale is barred by Berar Land Revenue Code, 1928, ss. 155, 156, 157, 192
Ratio Decidendi
Sale of property in possession of a court-appointed receiver without notice or leave of the court is illegal; suit challenging such sale is not barred by Berar Land Revenue Code, ss. 155, 156, 157, or 192 as the grounds lie outside their scope.
Court Disposition
Appeal dismissed
Orders
- Auction-sale impugned was illegal
- Suit is not barred by provisions of Berar Land Revenue Code
Full Case Text
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