Execution of Decree -- Auction Purchaser -- Order 21 Rule 95 CPC -- Auction Purchaser in Actual Possession Cannot Be Denied Injunction Merely for Absence of Formal Delivery Under CPC
Title in immovable property vests in an auction purchaser upon confirmation of sale. Where an auction purchaser is already in possession on the date of institution of suit, formal delivery of possession under Order 21 Rule 95 CPC is not a prerequisite for seeking injunctive relief against interference by a person without a better title. The procedure under Order 21 Rule 95 CPC governs the mode of obtaining possession; it does not operate as a condition precedent to injunction where actual possession is already established.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
