BHAGWANDAS KRISHNADAS Vs. P S SAMA IYER

JUDGEMENT

(1.) This is an appeal against a second appeal; and the appeal is directed against the decision in Bhagwandas Krishnadas v. P. S. Soma Iyer ( AIR 1969 Ker. 263 ).

(2.) For the arrears of revenue due from the predecessor in interest of the appellants (the appellants are his legal representatives), his property was sold under the Madras Revenue Recovery Act and purchased by the respondents. The sale was on 15th May 1954 and the confirmation of sale on 30th November 1954; and thereafter, the appellants continued to live in some of the buildings in the property, which they surrendered on 21st October 1955. The suit was for mesne profits from the date of sale to the date of confirmation of sale (from 15th May 1954 to 30th November 1954) and for damages for use and occupation of the buildings from the date of confirmation to the date of surrender of the buildings (from 30th November 1954 to 21st October 1955). (Regarding the amount, there is no dispute now.) The Trial Court dismissed the suit, but the lower appellate court and the second appellate Judge decreed the suit.

(3.) The second appellate Judge relied on S.65 of the Code of Civil Procedure for holding that title to the property passed on the date of sale, in other words, for holding that the confirmation of sale related back to the date of sale. In this view, the learned Judge held that the appellants were liable to pay mesne profits from the date of sale to the date of confirmation. The learned Judge also referred to some decisions of the Supreme Court under S.65 of the Code of Civil Procedure, which laid down that the confirmation of sale related back to the date of sale. There cannot be any dispute regarding this proposition, because the language of S.65 of the Code of Civil Procedure is itself clear that, where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.