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Auction-Purchaser's Right To Institute a Suit for Possession

By P. Nagaraja Rao

Published In

Air 1986

Sri Y. D. Joshi in his article published on the above subject, in the journal section of AIR 1985 September, has raised two questions : whether an auction purchaser who is a decree holder purchases with the leave of the Court, and who fails to apply for delivery of possession of the property purchased by him under Order 21 Rule 95 C.P.C. within one year forfeits his right to institute a suit for possession, and whether such a person loses his title to the property and his right is only to go on filing suis for rent or damages. Sri Joshi concludes his arguments by saying, with reference to Article 134 and S. 27 of the Limitation Act, that an auction purchaser having lost his title by not filing an application for delivery of possession within one year under Article 134, when the sale becomes absolute, his right to sue is extinguished by and under Section 27 of the Limitation Act. "Article 134 of the Limitation Act prescribes a period of limitation of one year for filing ....

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