CIVIL

Rights of auction purchaser in the property purchased

SCAuction sale –

Held: Cannot be extinguished except in cases where the said purchase can be assailed on grounds of fraud or collusion – In the instant case, there was no allegation of fraud or collusion as regards auction purchase by a third party – At the time of auction purchase, the value of property purchased by him was not in excess of his bid – Besides, no objection was raised to attachment proclamations and notices in newspapers for auction – Auction sale was confirmed and possession of property was handed over to auction purchaser – Mutation proceedings were finalized – Challenge raised by first respondent ought to have been rejected on the ground of delay and laches – Interference by High Court even on ground of equity was clearly uncalled for – Impugned order passed by High Court set aside – Right of appellant-auction purchaser in plot in question
confirmed – Delay/laches – Equity.
Sadashiv Prasad Singh v. Harendar Singh & Ors.[January 8, 2014]