9911796707
TMI Blog2011 (1) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 65 of 2003. 2. The facts of the case are, the decree-holder has obtained a decree against the judgment debtors and in pursuance of the decree, brought certain properties for sale and an auction was conducted on 04-12-2007, in which the auction purchaser, who is the first Respondent in this revision, purchased the property, being the highest bidder, and deposited 1/4th of the bid amount i.e., ₹ 1,21,250/- and thereafter deposited the balance of the 3/4th amount of ₹ 3,63,750/- on 15-12-2007 and when made enquiries about the other formalities about the registration etc., he was informed that the formalities will be verified and he was asked to attend the Court on 18-12-2007. He attended the Court on 18-12-2007 and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the decree-holder and the decree was satisfied. There is no need for the judgment debtors to deposit 5% of the purchase money as the matter was settled outside the Court. Therefore, the judgment debtors pleaded for the dismissal of the application. 4. Both sides did not adduce any evidence and the learned Principal Junior Civil Judge allowed the petition extending the time for deposit of the non-judicial stamps on the present market value to engross the sale certificate. 5. Aggrieved by the said order, the judgment debtors have preferred this revision. 6. The only point that arises for consideration is whether the order of the lower Court in extending the time for deposit of the non-judicial stamps for engrossi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the equities. 8. To answer the controversy in this case, it is useful to refer to Order XXI, Rule 85 of Code of Civil Procedure, which is amended by our State, which reads as follows: 85. Time for payment in full of purchase-money-The full amount of purchase-money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property: Provided, that, in calculating the amount to be so paid into Court, the purchaser shall have the advantage of any set-off to which he may be entitled under Rule 72. 9. Therefore, it is mandatory to the auction purchaser to deposit the entire balance of 3/4th sale consideration and also the value of the non-judicial stam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with the non-judicial stamps was considered and it was also held that there is no power for extension of the time, bona fides cannot be considered, which is the bone of contention of the counsel of auction purchaser. 12. In fact, the same principle was followed in the decision reported in Dasarla Koteswaramma v. Alia Venkayamma 2009(6) ALT 249, which also reiterates that no extension can be granted for deposit of the money. Therefore, the law is well settled that in default of deposit of 3/4th of the sale consideration or default in deposit of amount required for purchase of stamps for sale certificate within 15 days as per the State amendment under Order XXI Rule 85 of Code of Civil Procedure, the sale is nullity and further s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
