PATTAM KHADER KHAN versus PATTAM SARDAR KHAN AND ANR.

PATTAM KHADER KHAN versus PATTAM SARDAR KHAN AND ANR.

The limitation period for delivery of possession commences from the date of sale confirmation under Order 21 Rule 92, not the date of sale certificate issuance. The High Court erred in holding otherwise.

Parties
Appellant: Pattam Khader Khan; Respondent No. 1: Pattam Sardar Khan; Respondent No. 2: Pattam Rasool
Jurisdiction
India
Judgment Date
09 July 1996
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Auction Sales, Confirmation of Sale, Delivery of Possession, Limitation Period, Sale Certificate Issuance
Civil Procedure Limitation Law Auction Sales Confirmation of Sale Delivery of Possession Limitation Period Sale Certificate Issuance

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Parties

Pattam Khader Khan

Appellant

Pattam Sardar Khan

Respondent No. 1

Pattam Rasool

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 When does limitation under Article 134 of the Limitation Act start for an application by auction purchaser for delivery of possession?
  2. 2 Does the limitation run from the date of sale confirmation or sale certificate issuance?

Ratio Decidendi

The limitation period for delivery of possession commences from the date of sale confirmation under Order 21 Rule 92, not the date of sale certificate issuance. The High Court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order set aside
  • Order of First Court restored