AIR 1969 ORISSA 114 ::34 CutLT 1296 ::ILR (1968) Cut 788

Orissa High Court

Hon'ble Judge(s): G. K. Misra , J

(A) Transfer of Property Act (4 of 1882) , S.100— Applicability - Charge created by decree passed after contest - Charge is by operation of law - S.100 applies. (1965) 31 Cut LT 932, Foll.AIR 1965 SC 834, Expl.AIR 1968 Pat 238, Ref. (Para 4) (B) Transfer of Property Act (4 of 1882) , S.100, S.52— S.52, if applicable to a case, controls second part of S.100 - Maintenance decree creating charge on property - Auction purchaser purchasing such property for consideration and without notice of charge - Decree not satisfied - Auction hit by lis pendens - Such property purchased by auction-purchaser put to sale - Auction-purchaser objecting u/S.47 Civil P.C. - Objection cannot be upheld. Civil P.C. (5 of 1908) , S.47— S. 52 of the Transfer of Property Act, if it is applicable to a case, controls the second part of S. 100. Where an auction-purchaser purchases a property for consideration and without notice of a charge created on such property by a maintenance decree and the decree is not satisfied, the auction is hit by lis pendens and an objection under S. 47 Civil P. C. of such auction purchaser to the sale of such property when it is brought to sale again, cannot be upheld.(Para 6 7) ....