Execution proceedings

M. Sahul Hameed (Querist) 06 April 2009 This query is : Resolved
Can a court auction purchaser defend the petition filed by the third party, who is having some interest over the property under order 21 rule 64. what are the defences available on the part of court auction purchaser. Is there any rulings infavour of court auction purchaser.

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Y V Vishweshwar Rao (Expert) 06 April 2009
Mr Sahul Hammed !

You have mentioned that the third party is having some interest in the proerty , the details of the interest are requried and the alleged interest in the proerty is acquired by third party before the Attchment / charge on the proerty- to be sodl U/o 21 Rule 64 CPC. These fats have to be considered in the Third party claims agaisn the Auction purchaser. The crux of the issue is that the third party should have better interest/right than the JDr on the attached proerty and that the third party acquired the said interest/rights before the Attachment by court . This will dicide the matter . The rulings wll be varrying form case to case . pl mention the details

M. Sahul Hameed (Querist) 06 April 2009
Thank you sir,

The third party having a right over the property under a decree passed by a competent court in a specific performance suit, the decree passed latter to the attachment in this suit.

Y V Vishweshwar Rao (Expert) 06 April 2009
The date of Sale Agreemtn on which the Specific Performance suit is decreed and date of suti are relevant dates,if they are prior to attachment,the thrid party has a right to object the sale of the attched proeprty, as he acquired interest/ rights prior to attchment.

adv. rajeev ( rajoo ) (Expert) 07 April 2009
Purchaser can defend but if there is any person who is interested on the property must show how he is interested on that property.