Supreme Court · 1981 INSC 59 · Decided 10 March 1981
Dev Raj Dogra and ORS. v. Gyan Chand Jain and ORS.
- Court
- Supreme Court of India
- Citation
- 1981 INSC 59 · [1981] 3 S.C.R. 174
- Case number
- CIVIL APPEAL No. 1653/1979
- Decided
- 10 March 1981
- Bench
- S. MURTAZA FAZAL ALI, A.P. SEN, A. VARADARAJAN (3-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC Section 95, 96; Transfer of Property Act Section 52, 65A, 58
Headnote
c D E F G H "Code of Civil Procedure 1908, Order XX/ Rules 95 and 96 and Transfer of Property -Act 1882, Ss 52, 58 and 6JALJ.fortgage-Consent decree passed in suit for money due-property let out by owner to tenants-property sold in court auction -Auction purchaser -applying to court for physical possession or symbolic possession. Order XXI Rules 95 and 96 of the Code of Civil Procedure enable a pur­ chaser of immovable property in a Court sale, to apply for delivery of possession. Rule 95 provides for actual physical possession and rule 96 provides for symbolic possession.
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)