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Tara Prasad Mytee and anr. Vs. Nund Kishore Giri and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal842
AppellantTara Prasad Mytee and anr.
RespondentNund Kishore Giri and ors.
Cases ReferredDoorga Narain Sen v. Baney Madhub Mozoomdar I.L.R.
Excerpt:
execution of decree - sale of immoveable property--confirmation of sale--sale certificate--evidence. - .....case is that the plaintiffs' suit should be dismissed, because they have failed to produce the sale certificate on which they acquired their title. it has nowhere been denied, nor is it disputed before us, that the plaintiffs purchased in an execution sale the right, title and interest of the defendants, judgment-debtors, in the present case. we, therefore, think that this objection is untenable, and in this respect we agree with the judgment of a division bench of this court in the case of doorga narain sen v. baney madhub mozoomdar i.l.r. 7 cal. 199 in which it was held that 'the order affirming the sale would be sufficient to pass a title to the purchaser; and the certificate which might afterwards be obtained by him would be merely evidence that the property so passed.'2. we.....
Judgment:

Prinsep, J.

1. The main objection taken before us in this case is that the plaintiffs' suit should be dismissed, because they have failed to produce the sale certificate on which they acquired their title. It has nowhere been denied, nor is it disputed before us, that the plaintiffs purchased in an execution sale the right, title and interest of the defendants, judgment-debtors, in the present case. We, therefore, think that this objection is untenable, and in this respect we agree with the judgment of a Division Bench of this Court in the case of Doorga Narain Sen v. Baney Madhub Mozoomdar I.L.R. 7 Cal. 199 in which it was held that 'the order affirming the sale would be sufficient to pass a title to the purchaser; and the certificate which might afterwards be obtained by him would be merely evidence that the property so passed.'

2. We therefore dismiss the appeal with costs.


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