Sale (Section 65-67)

Section 65: Purchaser’s title.—

Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.


Section 66: . Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff [REPEALED]

Section 67: Power for State Government to make rules as to sales of land in execution of decrees for payment of money.—

(1) The State Government may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undetermined as, in the opinion of the State Government, to make it impossible to fix their value.

(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette, declare such rules to be in force, or may by a like notification, modify the same.

Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.


IMPORTANT CASE LAWS

1. When does Sale become absolute in cases of Auction

Bishan Paul v. Mothu Ram, AIR 1965 SC 1994: “……..Under Section 65 of the CPC, title is deemed to commence from the date of auction and not when the sale becomes absolute. Sale becomes absolute under the Code after the period of thirty days, during which sale may be asked to be set aside, has passed. When that time has passed and no application to set aside the sale has been made the sale becomes absolute (Order 21 Rule 92) and a certificate then issues (Order 21 Rule 94)……..”


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