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PETITIONER: KANHAIYALAL
Vs.
RESPONDENT: Dr. D. R. BANAJI AND OTHERS
DATE OF JUDGMENT: 31/03/1958
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER SUBBARAO, K.
CITATION: 1958 AIR 725 1959 SCR 333
ACT: Revenue Sale--Property in Possession of Receiver appointed by Court-Absence of leave of Court for sale-Notice to Receiver not given--Whether sale illegal---Whether suit to set aside sale by civil court barred-Berar Land Revenue Code, 1928, ss. 155, 156, 157, 192.
HEADNOTE: The appellant was the auction-purchaser of the property at a revenue sale held under the provisions of the Berar Land Revenue Code, 1928, for recovery of land revenue due. The property at the time of the attachment and sale was in the possession of a Receiver appointed under Or. 40, R. i of the Code of Civil Procedure by the Bombay High Court. Notice to the Receiver, however, was not given of the attachment and sale of the property, nor was any leave of the Court taken for the sale. In a suit instituted by the Receiver for a declaration that the sale was a nullity or, at any rate, was illegal and liable to be set aside, the auction-purchaser contended that the sale without notice to 334 the Receiver or without impleading him was not void but only voidable and that, in any event, the suit was barred by the provisions of ss. I5...