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Criminal Procedure Code QUESTION #9531
Question 1
A purchases property at an auction sale held in execution of a decree. It is later discovered that the judgment-debtor had no title in the property and the real owner was X who was not a party to the suit. X demands the property back. The auction purchaser A argues he has an indefeasible title. Is A protected?
  • No; A is protected only if he obtained the Court's certificate of sale
  • Yes; X should have intervened in the execution proceedings
  • Yes; an auction purchaser always acquires good title
  • No; a Court sale can only convey the title that the judgment-debtor had; if the judgment-debtor had no title, the auction purchaser acquires nothing; X's title is unaffected✔️
Correct Answer Explanation
Section 65 CPC provides that where immoveable property is sold in execution, the purchaser acquires a valid title against the judgment-debtor and all persons claiming through him. However, an execution sale cannot confer a title that the judgment-debtor never had. If X was the true owner, his title is paramount and the execution sale does not defeat it.