2015 (3) TMI 282

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..... not take any inspection and did not seek any clarification. The petitioners cannot be allowed to set up alleged mis-description of area of the flat in the sale notice to claim refund after not having exercising its option to inspect the flat and satisfy themselves as to the area available and other aspects. The contention of the writ petitioners that, the calculation of the super built up area published in the sale notice is without any basis. Firstly, the writ petitioners made no effort to check the actual area of the immovable property put up for sale. They participated in the sale without making such inquiry. The writ petitioners cannot be allowed to urge to that there is a misdescription in the area of the property. Secondly, the Res .....

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..... the sale and were declared as the highest bidder. A sale certificate dated November 2, 2012 was issued in favour of the Petitioner No. 1 by the Respondent No. 1. It is pointed out from the advertisement as well as the sale certificate that the immovable property put up for sale was described to be a 2,258 square feet super built up area. According to the petitioners, after the petitioners were declared as the highest bidder and the sale certificate dated November 2, 2012 was issued, the petitioners obtained certified copies of the deed of conveyance relating to the flat in question, the petitioners found that the sale deeds recorded an area of 1,807.7 square feet instead of 2,258 square feet. It is submitted on behalf of the petition .....

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..... ecord. The Respondent No. 1 proceeded to put up few immovable properties up for sale by the sale notice dated July 17, 2012. The terms and conditions of the sale are relevant. The Respondent No. 1 invited sealed tenders from the public for the purchase of the properties mentioned in the sale notice on as is where is and as is what is basis. The sale notice also provided that, the properties can be inspected by the intending purchaser by August 4, 2014 and for any clarification regarding documents, title deeds, etc., the same may be clarified at the Park Street branch of the Respondent No. 1. In the instant case, the purchaser admittedly did not inspect the property concerned in terms of the sale notice prior to participating in the p .....

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