KOTA NARAYANA Vs. PATHIVADA SURYANARAYAN
HIGH COURT OF ANDHRA PRADESH
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(1.) The short question that arises for consideration in this appeal is whether the purchaser of agricultural land at a court sale held in execution of a mortgage decree is entitle to the value of the crop standing on the basis at the time of delivery of possession.
(2.) The sale in execution of the decree in O. S. No. 219 of 61 on the file of the District Munsif, Rajam was held on 4-4-1968 and the same was confirmed on 6-6-1968. But the auction purchaser filed E. A. No. 136 of 68 on 24-10-1968 for putting him in possession of the property along with the crops standing thereon. Accordingly possession of the land along with the standing crop was delivered to him on 2-11-1968. The second judgment-debtor filed a petition objecting to the delivery of the crop and requested for re-delivery of the crop. The court initially directed that the crops be harvested, sold and the value realised therefrom deposited in the court.
(3.) In order to determine the points in controversy, it has to be ascertained when exactly the sale was completed in the eye of law. Although the sale which was confirmed on 6-6-1968, it relates back to the date of sale. That proposition is no longer res integra. In Janak Raj v. Gurudial Singh, AIR 1967 SC 608 it was laid down by the Supreme Court that the title of the purchaser relates back to the date of sale and not to that of its confirmation. Although the sale was confirmed on 6-6-68 as the sale in this case was held on 4-4-68, the auction-purchaser, appellant herein became entitled to the land on the date.;
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