AIR 1942 MADRAS 230

Madras High Court

Hon'ble Judge(s): Venkataramana Rao , J

(A) Madras Revenue Recovery Act (2 of 1864) , S.25 to S.47— Sale of land in default of payment of revenue - Defaulter dying before sale - Sale is infructuous - Proper procedure to be followed by Collector in such case, stated. In the case of a sale in default of payment of arrears of revenue the Act contemplates the continued existence of the defaulter till the date of sale and if before the date of sale the defaulter dies, the sale would be infructuous and would pass no title to the purchaser. Until the property is sold, the title of the defaulter to the land is not lost, and the Government could have the property sold only by due course of law, that is, by following the appropriate procedure provided by the Act and until the property is sold, it continues in the defaulter. On the death of the defaulter before the sale, the property ceases to be his and therefore what is sold is the right of a dead man and the sale would pass no title to the purchaser. Though, strictly speaking, there is no provision in the Act for substituting his legal representative, still when the defaulter who was a party to a proceeding under the Act is dead, there can be no valid legal proceeding against him : 22 Mad. 119, Rel. on; 6 Mad. 303; 7 Mad. 405; ('17) 4 AIR 1917 Mad. 984 and 34 Mad. 493, Approved; ('32) 19 AIR 1932 Mad. 664, Ref.(Para 232a,b,c,d,e) ....