9911796707
TMI Blog2001 (5) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... ter was remanded to the High Court for conduct of the sale in accordance with the law by auction after due publication of the sale to enable all the intended bidders to participate in the sale. It was also made clear that if any party has got any right or remedy, the same has to be worked out elsewhere according to law without widening the scope of the suit and not in this suit. Subject to making of these observations the appeal was allowed by this court. A suit in O.S. No.311 of 1997 was filed (i) for a declaration that the plaintiffs therein are purchasers of the entire land measuring 21.65 acres; (ii) that they were raiyats in respect of the land and (iii) for permanent injunction restraining Hanuman Foundries Ltd., the appellant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k of India and suit in T.C.No.2 of 1996 had been filed. In the appeals, the Division Bench analysed the matter and is of the view that the property which had been brought to sale pursuant to a decree passed in favour of Bihar State Finance Corporation appears prima facie to have been purchased by the respondents. A sale certificate had been issued in this regard which was subsequently amended to include within its fold the entire disputed land and record of rights indicating the possession of the land with the respondents. The Appellate Court felt that serious questions had been raised for consideration in the course of the suit and therefore there was a prima facie case for consideration. Particularly the sale certificate that had been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sale certificate is set aside or declared to be a nullity, the same has legal validity and force. It cannot be said that no right could be derived from such certificate. Secondly, when the contesting respondents were in possession as evidenced by the record of rights, it can not be said that such possession is by a trespasser. The claim of the contesting respondents is in their own right. The decisions referred to by the learned counsel for the appellant are in the context of there being no dispute as to ownership of the land and the possession was admittedly with a stranger and hence temporary injunction is not permissible. Therefore, we are of the view that the Division Bench has very correctly appreciated the matter and come to the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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