Supreme Court · 1987 INSC 160 · Decided 8 May 1987
Ganpat Singh (Dead) BY LRS. v. Kailash Shankar & ORS.
- Court
- Supreme Court of India
- Citation
- 1987 INSC 160 · [1987] 3 S.C.R. 355
- Case number
- CIVIL APPEAL No. 2841/1986
- Decided
- 8 May 1987
- Bench
- E.S. VENKATARAMIAH, M.M. DUTT (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 115, 134; Constitution Article 134A; Limitation Act Section 134, 136
Headnote
B Limitation Act, 1963: Articles 134 & 136-Scope and applicability of-Application by auction purchaser under Order XXI Rule 95 CPC for delivery of possession of property sold in execution of decree-Period of limitation prescribed in Article 134 and not Article 136 applicable-Position not Code 1908: Application for delivery of possession cannot be equated to an application for execution of D decree. The mortgagee decree-holder in execution of the final decree for mortgage, himself purchased the disputed property in the auction sale held on July 14, 1978. On September 20,
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