respondent before the Apex Court purchased the property in auction in the year 1984. The auction sale was confirmed on 7th August, 1984 and sale ... reversed order of the Executing Court which was challenged by way of a Special Leave Petition. The Apex Court considered the scheme of the auction
holder of title, the State had in it a right of reversion or for that matter
the character of the land was Nazul land ... bear repetition to state, cannot defeat the
lawful title acquired by an auction purchaser, particularly, in view of the
fact that Putri Sethani had questioned
Daltonganj in Page 2168 Title Appeal No. 19/1996 whereby he has reversed and set aside the judgment and decree passed by Sub-judge, Garhwa ... possession of the land after auction purchase in the year, 1952-54. The above auction sale was set aside by the Hon'ble Court
under Section 47 of the Code of Civil Procedure. The appellate court
reversed the said finding. The contention advanced by the defendants was
that ... trial court. But the appellate
court held that even though the auction purchaser and the transferee could
not succeed in getting symbolic possession through
file of the District Munsif Court,
Kovilpatti were reversed.
!For Appellants ... Mr.D.Gandhiraj
Government Advocate
^
:JUDGMENT
The defendants in the original suit ... judgment and decree dated
06.09.2005. On appeal, the same were reversed and a decree was granted as prayed
for in favour of the plaintiffs. Hence
Subordinate Judge, Kancheepuram, in A.S.No.60 of 2006, reversing
the judgement and decree, dated 15.06.2006, passed by the
Additional District Munsif, Kancheepuram ... pursuance of the Court auction held on 16.08.1968, as
according to the plaintiffs, the purchaser in the Court auction was the
Benami of the first
that the
appellant/defendant has become a successful bidder in the public auction held on
02.02.1983 by the plaintiff and bid amount has been fixed ... judgment and decree passed by the trial Court are liable to be reversed and the
suit is also equally liable to be dismissed
Prem Chand And Ors. vs Motichand And Ors. on 31 August, 2007
Equivalent citations: RLW2008
Shivajirao S/O Eknathrao Kovale And ... vs Syed Mehmood S/O Syed Nizamoddin And ... on
matter. It is also observed that when the Appellate Court has reversed the judgment of the Trial Court, it was absolutely necessary to consider ... been considered in the impugned judgment. Besides, the impugned judgment has not reversed the judgment of the Trial Court. It has upheld the judgment
