2008 (7) TMI 872 - HC - VAT and Sales Tax

Enforcement of charge - Held that - If the facts of the present case are analysed, admittedly there was no notice issued to the petitioners regarding the charge. There are also no materials available to infer constructive notice. In the counter filed by the respondents, it is nowhere stated that there is either actual notice or constructive notice to the petitioners. In view of the same, as provided under section 100 of the Transfer of Property Act, and as held by the Division Bench of this court, the charge cannot be enforced against the petitioners. So the impugned order is liable to be quashed and the encumbrance entries made in the records are liable to be removed. W.P. allowed.

Summary

Issues:
- Validity of the encumbrance order on the property purchased in a court auction sale.
- Enforcement of charge against transferee without notice.
- Application of legal principles regarding notice of charge to the present case.

Analysis:
The High Court of Madras addressed the issue of an encumbrance order on a property purchased in a court auction sale. The petitioners, joint purchasers of the property, sought to quash an order by the first respondent requesting an encumbrance entry in the records regarding the property. The property was originally owned by a company that owed a substantial amount in sales tax. The property was sold in a court auction, and the petitioners became the successful bidders. The petitioners claimed possession and enjoyment of the property. However, the first respondent requested an encumbrance based on the amount due to the Commercial Tax Department. The petitioners argued that they had not received any notice of the charge and that no constructive notice could be inferred. They relied on a previous Division Bench judgment that highlighted the importance of notice in enforcing a charge against a transferee.

The court analyzed the legal principles regarding notice of charge and its enforcement against a transferee. It was established that in the present case, no notice was issued to the petitioners regarding the charge, and there were no materials to infer constructive notice. Citing Section 100 of the Transfer of Property Act and the precedent set by the Division Bench, the court concluded that the charge could not be enforced against the petitioners. Therefore, the court quashed the impugned order and directed the removal of encumbrance entries on the property.

In conclusion, the High Court allowed the writ petition, quashed the first respondent's order, and directed the removal of encumbrances on the property. The court emphasized the importance of notice in enforcing charges against transferees and applied legal principles to protect the rights of the petitioners as joint purchasers in a court auction sale.