DASINA VENKATA RAMANA Vs. SETTI RAMBABU

JUDGEMENT

(1.) The petitioner filed O.S. No. 150 of 1997 in the Court of Junior Civil Judge, Narsipatnam, Visakhapatnam District, for recovery of certain amount. The suit was decreed, and after the decree became final, he filed E.P. No. 3 of 2001. An item of immovable property was attached. The petitioner obtained permission of the Executing Court under Rule 72 of Order XXI C.P.C., and participated in the auction. He emerged as the highest bidder, and the sale was confirmed on 27-12-2002. He obtained the sale certificate dated 31-07-2003. Thereafter, he filed an application on 23-03-2004 for delivery of possession. The Executing Court refused to receive the application and passed a reasoned order dated 17-12-2008. The only ground on which the Executing Court refused to receive the application was that, it is filed beyond the period of limitation, stipulated under Article 134 of the Schedule to the Limitation Act, 1963 (Henceforth, the expression Schedule to the Limitation Act, shall be referred to as 'the Act'). The said order is challenged in this revision. Sri N. Vidya Prasad, learned counsel for the petitioner submits that the starting point for computation of limitation under Article 134 of the Act is the date on which, the sale became final, and a sale can be said to have become final, only when a sale certificate is issued. He contends that in the absence of the sale certificate, an auction-purchaser does not derive any rights, and unless the sale certificate is in his hand, he cannot seek delivery of possession of the property. Learned counsel further submits that the application for delivery of possession was submitted within one year from the date on which, the sale certificate was issued. He submits that the delay in issuing sale certificate was on the part of the Court, and that the petitioner cannot be made to suffer on this account.

(2.) None appears for the respondents.

(3.) The petitioner obtained a decree in O.S. No. 150 of 1997 and filed E.P. No. 3 of 2001, after the decree became final. An item of immovable property, viz., a residential house of the respondents was initially attached and thereafter, it was brought to sale. The sale took place on 01-07-2002, and it was confirmed on 27-12-2002, after the required formalities were completed. For one reason or the other, the sale certificate was obtained by the petitioner only on 31-07-2003. He presented the application for delivery of possession of the property on 23-03-2004.