STATE BANK OF TRAVANCORE Vs. SANKARAN

JUDGEMENT

(1.) In execution of a charge decree, decree holder purchased the property in court sale on 28-3-1979. It was confirmed on 29-5-1979. Sale certificate was granted on 21-5-1988. Decree holder auction purchaser filed E.A. No. 597 of 1988 for delivery under O.21 R.95 of the Code of Civil Procedure on 22-9-1988. Judgment debtor contended that application for delivery was barred by limitation. The executing court accepted this contention and dismissed the application as barred. This order is now challenged.

(2.) Application for delivery of possession by purchaser of immovable property of a sale in execution of decree is governed by Art.134 of the Schedule to the Limitation Act, 1963. The period of limitation is one year and the time from which period begins to run is "when the sale becomes absolute".. In this case sale became absolute on 29-5-1979. Application for delivery was filed nearly nine years after the sale became absolute. It was in this view that the executing court held that application was barred by time.

(3.) Learned counsel for the revision petitioner contends that auction purchaser cannot file application for delivery merely because sale has become absolute; he has to wait till sale certificate is granted and in cases like the present one where sale certificate is granted after eight years, it would be inequitable to hold that application for delivery would be barred even before the issue of sale certificate. According to him eventhough third column of Art.134 mentions starting point of limitation as "when the sale becomes absolute", it must actually be read as "when the sale certificate is granted". The application for delivery has been filed within one year from the date on which sale certificate was granted and hence, it is contended, application was within time.