In the present case the Top Court dismisses a Special Leave Petition filed by the Petitioner before the Apex Court under Order XXI Rule 58 of CPC in order to attain the benefit of sub- section (2) of Section 64 of CPC.
In order to get the benefit of sub- section (2) of Section 64 of CPC, the objector and /or subsequent purchaser has to plead to prove that he was a bona fide purchaser, who entered into the transaction prior to the order of attachment. However, in the present case the same was missing. The Petitioner basically claimed that he purchased the property in question prior to the order of attachment. Further it was submitted by the Petitioner that the Agreement to sell was an oral agreement and on relying on the same, the Petitioner purchased the property in question on 26.12.2014 and the sale deed was registered on 06.01.2015.
Case of the Petitioner
The Counsel for the Petitioner was seeking the benefit of sub-section (2) of Section 64 of CPC in order to prove that the Petitioner is a bona fide purchaser. To strengthen his submissions, the Counsel for the Petitioner produced some books of accounts to present that the amount of Rs 40,000/- was prior to the order of attachment.
Observation of the Court
Apex Court was of the view that the application filed by the Petitioner is completely silent on the subject matter of Petitioner being a bona fide purchaser. There is no mention of the oral agreement prior to the order of attachment or mention of the amount of Rs 40,000/- paid as the part sale consideration prior to the order of attachment, the Court stated.
Making the above stated observation the Top Court held that neither the executing Court nor the High Court erred in rejecting the objection/obstruction submitted by the Petitioner under order XXI Rule 58 of the CPC. The Court remarked that it completely concedes with the observations made by the High Court and hence dismisses the Special Leave Petition in the present case.
Case Details
Before: Supreme Court
Case Title: Dokala Hari Babu vs. Kotra Appa Rao & Anr
Coram: Hon’ble Mr. Justice MR Shah and Justice B.V. Nagarthana
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