PARBATI DEVI versus PURNA PATRA AND ORS.

Citation: [1996] SUPP. 9 S.C.R. 975 · Decided: 11-12-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

PARBATI DEVI 
A 
v. 
PURNA PATRA AND ORS. 
DECEMBER 11, 1996 
[K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
B 
Auction sale by Coult-B purchased I/4th share and sold the same to 
H-H in tum sold the property to appellant-Suit for partition filed by appel-
lant-Suit deceased by Trial Court and affirmed by Appellate Court-High 
Court reversed the decree holding that there was no proof of possession of C 
the property delivered under the court sale, and that the appellant had not 
proved what extent of the land they had purchased-Appeal before Supreme 
Court-Held sale certificate issued by the Court clearly indicated particulars 
of land purchased by B-1Jut when the entry maintained in the court register 
of delivery of possession is read with the sale certificate issued by the court, D 
it is obvious that what was delivered to B was the property mentioned in the 
sale certificate-Thereby he became the co-owner-The appellant being suc-
cessor-in-interest having purchased the self-same property, had become co-
owner along with the respondents-Thereby the suit for partition was rightly 
decreed by the courts below-The view taken by the High Court is clearly 
illegal. 
E 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3336 of 
1979. 
From the Judgment and Order dated 2.8.78 of the Orissa High Court 
in S.A. No. 8 of 1975. 
F 
Vmoo Bhagat for the Appellant. 
V.J. Francis for the Respondents. 
The following Order of the Court was delivered : 
G 
Substitution allowed. 
This appeal, by special leave, arises from the reversing judgment of 
the High Court of Orissa in Second Appeal No. 8n5, dated 2.8.1978. The 
admitted position is that in Suit No. 29/23 of 1937 in the Court of Small H 
975 
976 
SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R. 
A Causes, execution was laid in M.S. No. 217/37, 1/4th share of the property 
bearing Touzi Nos. 2498 and 2503/354 was brought to sale on 16.2.1938. 
<
One Babu Suryanarayan, a practicing advocate of that court, had beco~e 
the auction purchaser. He had the possession of the 1/4th specified share 
therein from the court. Subsequently, he sold the self-same property by a 
B registered sale deed in 1940 to one Hemamali Devi, daughter of another . 
practicing advocate. Hemamali Devi in turn sold the property to the 
appellant in 1950 under Ex. 2 (A), dated 14.10.1950. On the basis thereof, 
the appellant filed the suit for partition. The respondents had purchased 
the property and other properties from the judgment-debtor in the suit. 
They disclaimed the purchase made by Babu Suryanarayan and his sale in 
C favour of Hemamali Devi and further sale in favour of the appellant. Thus 
it is a case of total denial of the title of the appellant. The Trial Court 
decreed the suit and the appellate Court confirmed the same for partition 
of 1/4th share and delivery of possession by metes and bounds by passing 
a final decree. The High Court reversed the said decree primarily on two 
D grounds, viz. that there is no proof of possession of the property delivered 
under the court sale, and that the appellant has not proved what extent of 
the land they had purchased. Under these circumstance§; the appellant 
cannot seek possession by partition of the land. The view taken by the High 
Court is clearly illegal. It is seen that the Sale Certificate issued by the court 
clearly indicates the particulars of the lands mentioned as under : 
E 
F 
G 
H 
"1. Touzi No. 2498 - Thana No. 214, Mouza - Baharabisnabar in 
District Cuttack, P.S., Thana and Sub-registrar Cuttack Sadar, Ph. 
Bakhrabad in Khata No. 431 - Area - Ac. 0.19 - rent - Rs. 0.12.6. 
From this four annas share of the defendant- debtor is Ac. 0.04 -
7 Kadis rent Rs. 0.3 .. 2-1/2. This land is auctioned at a sum of Rs. 
4. 
Schedule 
Khasada No. 1609 ... Ac. 0.19. 
Rs. 0.4.0 annas share of the defendant-debtor Ac. 0.04 Kadis 0.07. 
2. Touzi No 2502/354 - Thana No. 214 in District Cuttack, P.S. and 
Thana and subregistrar Cuttack Sadar Ph. Bakhrabad, Mouza 
Baharabisnabar, Khata No. 894 - Area Ac.O. 170 Dec. - rebd Rs. 
0.9.3. From this the share of the defendant- debtor and his brother 
- .. 
PARBATIDEVI v. PURNAPA1RA 
977 
is eight annas (Rs. 0.3.0) Area Ac. 0.84 Dec. 10 Kadis - rent - Rs. A 
0.4.7-1/2 which is auctioned at a price of Rs. 20. 
Description 
From the Tafsil No. 811 Ac. 0.170 Dec. the 4 annas share of this 
defendant-debtor is Ac. 0.42 dee. 5 Kadis." 
The same was sold with description of boundaries in the sale made 
B 
c 
in favour of the Hem
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