Issue
Decision
Golam Hossein Cassim Arif
v.
Fatima Begum
(High Court Of Judicature At Calcutta)
No. | 04-04-1910
Fletcher, J
[1] This is an application by a purchaser at a sale held by a Receiver, under an order of Court for a sale certificate and for confirmation of the sale. The purchaser relies upon a decision of Sale, J. in the case of Minatunnessa Bibee v. Khatoonnessa Bibee 21 C. 479. The short point is whether a sale by a Receiver under the direction of the Court is a sale by the Court so as to enable or require the purchaser to obtain a sale certificate. With the utmost respect for the learned Judge, I think he has made a confusion between a sale by the Court and a sale under the Court. There are two classes of sales in suits: first, sales by the Court and second, sales under the Court. Sales by the Court are cases in which the Court makes a title to the purchaser and the Court confirms the sale and issues a sale certificate, The second class is where the Court authorizes a trustee, Receiver or other person holding property to sell the property and the sale is made out of Court, the Court while authorizing or directing the sale does not make any title to the purchaser and in such a sale the Court does not grant a sale certificate nor does it confirm the sale. I am of opinion that the purchaser can rest content upon his purchase without having the sale confirmed by the Court or having a sale certicate issued to him.
[2] I certify this case for counsel.
[1] This is an application by a purchaser at a sale held by a Receiver, under an order of Court for a sale certificate and for confirmation of the sale. The purchaser relies upon a decision of Sale, J. in the case of Minatunnessa Bibee v. Khatoonnessa Bibee 21 C. 479. The short point is whether a sale by a Receiver under the direction of the Court is a sale by the Court so as to enable or require the purchaser to obtain a sale certificate. With the utmost respect for the learned Judge, I think he has made a confusion between a sale by the Court and a sale under the Court. There are two classes of sales in suits: first, sales by the Court and second, sales under the Court. Sales by the Court are cases in which the Court makes a title to the purchaser and the Court confirms the sale and issues a sale certificate, The second class is where the Court authorizes a trustee, Receiver or other person holding property to sell the property and the sale is made out of Court, the Court while authorizing or directing the sale does not make any title to the purchaser and in such a sale the Court does not grant a sale certificate nor does it confirm the sale. I am of opinion that the purchaser can rest content upon his purchase without having the sale confirmed by the Court or having a sale certicate issued to him.
[2] I certify this case for counsel.
Advocates List
For The Appearing Parties ---.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE FLETCHER
Eq Citation
6 IND. CAS. 300
LQ/CalHC/1910/176
HeadNote
Civil Procedure Code, 1908 — S. 34 — Sales by Court and sales under Court — Distinction between — Sales by Court — Sales by Court are cases in which Court makes a title to purchaser and Court confirms sale and issues sale certificate — Sales under Court — Sales under Court are cases where Court authorizes a trustee, Receiver or other person holding property to sell property and sale is made out of Court, Court while authorizing or directing sale does not make any title to purchaser and in such sale Court does not grant sale certificate nor does it confirm sale (Para 1]
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