AIR 1978 ALLAHABAD 413 ::1978 ALL. L. J. 629 ::(1978) 4 All LR 564

Allahabad High Court

Hon'ble Judge(s): Deoki Nandan , J

Civil P.C. (5 of 1908) , S.7, O.21 R.94— Sale of immovable property in execution of decree of small cause Court - Validity - Sale Certificate - Value of - Transfer of small cause decree to regular side - Presumption - Burden of proof.Regularity of Official acts. Evidence Act (1 of 1872) , S.114 Illus.(e)— @page-All414 A sale in execution of a decree passed by a Small Cause Court cannot be held to be invalid when the sale Certificate which is a solemn document purports to have been issued by the Court of the Munsif. The mere fact that below the signatures, the Presiding Officer has been described as Munsif and Judge Small Cause Court, does not detract from the validity or correctness of the sale certificate. The validity of the sale could not have been determined by reference to the dakhalnama which was obviously a subsequent document.(Para 6) The sale certificate issued by the Court was conclusive of the fact stated therein that the sale had been effected by the Court of the Munsif, Sambhal, and unless that fact was disproved by cogent evidence it was not open to the defendants to contend that it was made by the Court of the Judge, Small Causes and it cannot be said that the Court of Munsif, Sambhal had no jurisdiction to sell the property. In the face of the sale-certificate it was not necessary f....