Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
Full Text
The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold.
Plain English Summary
Enables an auction purchaser to apply within 60 days to set aside an execution sale and recover his purchase money if the judgment-debtor had absolutely zero saleable interest in the auctioned property.
Key Legal Elements
- Remedy Exclusively for Auction Purchaser: Protects innocent third-party bidders from buying non-existent titles.
- Total Absence of Interest: Requires showing complete lack of title, not mere cloud or defect on title.
- Precursor to Refund under Rule 93: Setting aside sale under Rule 91 triggers full refund with interest.
Practical Note
Invoking Rule 91 as an Auction Purchaser: In Ahmedabad Municipal Corp. v. Haji Abdul Gafur AIR 1971 SC 1201, the Supreme Court clarified that the rule of caveat emptor (buyer beware) applies to court auctions, BUT where the judgment-debtor had NO title whatsoever at the date of sale (e.g., property belonged to a stranger or had already been acquired by the State), the purchaser can invoke Rule 91 within 60 days to annul the sale and get a 100% refund.
हिंदी पाठ
डिक्री के निष्पादन में ऐसे किसी विक्रय का क्रेता इस आधार पर विक्रय को अपास्त कराने के लिए न्यायालय को आवेदन कर सकेगा कि बेची गई संपत्ति में निर्णय-ऋणी का कोई विक्रयीय हित (No saleable interest) नहीं था।