VidhiSangh

Supreme Court of India · 10/05/2023

BHASKER & ANR. versus AYODHYA JEWELLERS

[2023] 7 S.C.R. 964 · 2023 INSC 730

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Summary

The Court referred for larger-Bench consideration the starting point of limitation for an auction purchaser’s application for possession. It expressed a prima facie disagreement with Pattam Khader Khan: Order XXI Rule 95 appeared to require prior issuance of a sale certificate, whereas Article 134 starts limitation when the sale becomes absolute. A purposive reading tied to actual certificate issuance was proposed for reconsideration; the appeal’s merits were not finally decided.

Issues

  1. Whether limitation for an auction purchaser’s possession application begins on sale confirmation or actual issuance of the sale certificate.
  2. Whether Order XXI Rule 95 permits filing before a sale certificate is granted.
  3. Whether the apparent statutory inconsistency requires purposive interpretation and reconsideration of Pattam Khader Khan by a larger Bench.

Provisions considered

Held

Result

Question concerning limitation and the sale-certificate prerequisite referred for larger-Bench consideration. Appeal and order to be placed before the Chief Justice for administrative directions; merits not finally disposed of.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 964.