92 and it does not provide the exclusive remedy of the auction—pur chaser and these rules have no application where an auction-purchaser has been deprived of the pro perty purchased by him after the sale has been confirmed and by reason of the intervention of the true owner upon the ground that the judgment debtor had no saleable interest in the property. [...] When moveable property is sold in execution of a decree and it is subsequently found that the judgment—debtor had no saleable interest in the property and the purchaser is thereupon deprived of the property the purchaser is not in the ab sence of fraud entitled to recover the price paid from the decree. holder. [...] The learned Judge who made the reference did so by reason of the judgment of five Judges in the Chief Court of Lower Burma in 5 L B R 58. 3 In that case it was held that the purchaser of moveable pro- perty at a court sale bought the property put up for sale subject to any existing in- cumbrances; no more could be sold in exe- cution of the decree than the right, title and interest of the judgment- [...] But it was pointed out by Jai Lal J. in 13 Lah 61819 at p. 652 that : While it is true that when selling the property of the judgment-debtor the Court does not guaran- tee any title, it does proclaim and communicate to the intending purchasers that according to the representation of the decree-holder the judgment- debtor has some interest in the property to be sold; the extent of that interest is [...] I would like to refer to one point that was emphasized in the argument, namely that in 0. 21, in the rules referring to the sale of moveable property, there is nothing which corres- ponds to R. 91 which refers to sales of im- movable property, and R. 77 (2) states that on payment of the purchase money, the officer or other person holding the sale shall grant a receipt for the same, and the sale sh
- Pages
- 320
- Published in
- India
- SARF Document ID
- sarf.100045
