SHRI NIHAR RANJAN SEN Vs. ASSAM FINANCIAL CORPORATION

JUDGEMENT

(1.) The Civil Revision No. 2 of 1988 and MA (F) No. 81 of 1988 have been filed against the order of the District Judge, Kamrup at Guwahati made on 15.12.87 in Misc Case No. 55 of 1969. Both the revision and appeal have been filed by way of abundant caution. They are heard together and disposed of by a common judgment.

(2.) Facts, - The decree-holder Assam Financial Corporation obtained an ex parte decree. In the execution of the decree, land in question was put to auction sale on 11.8.81. With the permission of the Court, the land was purchased by the decree holder. The sale was confirmed on 18.11.81. The judgment-debtor deposited required stamp papers on 26.5.86 and sale certificate was issued under Order 21 Rule 94, Code of Civil Procedure on 29.5.86. In the original Misc Case No. 55 of 1969, the judgment-debtor made an application on 8.7.86 praying for refusing delivery of possession of the land to the decree-holder (purchaser) stating, inter alia, that the sale was illegal for there was irregularity and/or fraud in publishing and conducting it, and that the delivery of possession of the land sold was barred by Art. 134 of the Limitation Act. On 28.8.86, the decree-holder filed Misc. Case No. 293 of 1986 for delivery of possession of the land purchased by it. The learned District Judge rejected the prayer of the judgment-debtor on the ground that there was no irregularity or fraud in publishing or conducting it; and that the records were misplaced, and as such, the decree holder cannot be held responsible for any delay. Hence this petition. It may be noted here that the application for delivery of possession (Misc Case No. 293 of 1986) has not been disposed of.

(3.) The only question which arises for consideration is whether delivery of possession of the land would be barred by Art. 134 of the Limitation Act. Under Art. 134 of the Limitation Act, the limitation for delivery of possession to the purchaser of the immovable property at a sale, in execution of a decree is one year from the date on which the sale becomes absolute. The question then is, -When the sale became absolute ? Order 21, Rule 92 (1), CPC, provides: