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Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): R. M. Lodha, Anil R. Dave , JJ

(A) Displaced Persons (Compensation and Rehabilitation) Act (44 of 1954) , S.14, S.20— Displaced Persons (Compensation and Rehabilitation) Rules (1955) , R.90— Evacuee property forming part of compensation pool - Auction sale - Title in property when passes to purchaser. Transfer of Property Act (4 of 1882) , S.54— The legal position with regard to transfer of title in respect of the property forming part of the compensation pool put to public auction under R. 90 of the 1955 Rules may be summarized thus : on approval of the highest bid by the Competent Authority, a binding contract for sale of property to the auction-purchaser comes into existence. Once the payment of the full purchase price is made, title in the property would pass to an auction-purchaser. In other words, on the payment of the full purchase price, the ownership in the property sold in public auction would stand transferred but the transfer formally becomes complete on issuance of the certificate of sale. If in the sale certificate, any particular date is mentioned as provided in the pro forma appended to Rule 90, such date mentioned in the sale certificate may be presumed to be the date on which the purchase has become effective but crucial date for transfer of ownership in the property in favour of auction-purchaser is the date when full purchase price has been paid by the a....