AIR 2001 ALLAHABAD 334 ::2001 ALL. L. J. 2532 ::2002 A I H C 506 ::2001 (2) All RentCas 378 ::2001 (44) All LR 612 ::2001 (3) All WC 2080

Allahabad High Court

Hon'ble Judge(s): U. S. Tripathi , J

(A) Transfer of Property Act (4 of 1882) , S.8, S.5— peration of transfer - Auction sale of only parti land - No mention of any structure or house on land in auction sale or sale certificate or Dakhalnama - Purchaser cannot be held to have acquired right, title or interest on said house or structure on land by virtue of S. 8 - Provisions of Ss. 8 and 5 not applicable in such case. (Para 33 34) (B) Transfer of Property Act (4 of 1882) , S.2(d), S.8— (as amended in U.P.) - Operation of transfer - "Dakhalnama" - What is - It is simply document of delivery of possession - Cannot be said to be title deed - Title of auction purchaser is derived from sale certificate and not from dakhalnama. Civil P.C. (5 of 1908) , O.21 R.94— (Para 36) (C) Evidence Act (1 of 1872) , S.90A— Presumption as to execution of document - Auction sale of property - Suit for title - Dakhalnama not basis of suit or defence - Does not require proof - Presumption under S. 90-A can be safely drawn in respect of Dakhalnama. (Para 37) (D) Evidence Act (1 of 1872) , S.21— A....