Basant Lal vs Bala Misra And Ors. on 20 February, 1958
In Basant Lal v. Bala Misra, AIR 1958 Pat 312 an order setting aside the sale passed on an application under Order XXI, Rule 90, C. P. C., without notice to the transferee of the auction-purchaser, was held not to affect his title. Title is, I may say, with respect, something stronger than a right. The immovable property sold does not vest in the auction-purchaser till the sale becomes absolute, in other words, the confirmation of the sale, though on confirmation, the property vests in him from the date of sale. If the sale is set aside, the property does not vest in the auction-purchaser and he has no right thereto. The title of the auction-purchaser thus flows out of the order of confirmation of the sale, and for so long as no order of confirmation is passed, the auction-purchaser can have no title to the property, but he does enjoy a substantial right which he can transfer.