VidhiSangh

Supreme Court of India · 16/11/2018

MAHENDRA PRATAP DUBEY versus MANAGING OFFICER, EVACUEE PROPERTY & ORS.

[2018] 13 S.C.R. 791 · 2018 INSC 1064

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Summary

The Supreme Court dismissed a challenge to an auction purchaser’s sale certificate because the appellant failed to substantiate the competing transfer through which he claimed title. Neither an original certificate in the alleged predecessor’s favour nor any corresponding official entry was produced. The purchaser’s documents were concurrently found genuine. Without a prima facie foundation for the competing transfer, the appellant could not demand a deeper inquiry into the Managing Officer’s jurisdiction.

Issues

  1. Whether an unsubstantiated competing sale claim justified questioning the Managing Officer’s jurisdiction.
  2. Whether concurrent findings upholding the auction purchaser’s documents warranted interference.

Held

Result

Appeal dismissed with costs; concurrent decisions sustaining the respondent purchaser’s sale certificate left undisturbed.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 791.