Order 21 rule 90

M.Sahul Hameed (Querist) 11 January 2009 This query is : Resolved
In execution proceddings the immovable property (one residentce building)was sold in a public auction to the satisfy the decree in execution, before confirmation of sale one of the creditor of the judgement debtor filed sale setaside for the reasons is that Material irrugalarity and also stated that he entered a register sale agreement Northern portion and another entered into a register sale agreement southeren portion prior to the attachment after that he filed specific performance suit and exparte decreed and execution petiion is pending.
My question is that 3rd party can file a sale set aside petition o ground of raising material irregularity.
if No is there any judgement on that aspect, and also i need a copy of Judgement delivered by calcutta High Court and reported in Air 1927 Page 82 Culcutta high Court.

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KamalNayanSaxena (Expert) 12 January 2009
Yes, third party can raise objection, but there should be no collusion between judgement debtor and third party.
It is not clear from your query that the agreement to sale is prior to the date of decree?

M. Sahul Hameed (Expert) 12 January 2009

PALNITKAR V.V. (Expert) 16 February 2009
If the agreement is hit by Sec. 52 of the Transfer of Property Act, the third party who claims to have agreement in his favour will not succeed. He would be bound by the decree. Besides the agreement to sell does not confer any right on the prospective purchaser except to have specific performance.If you have names of parties I will try to find out the Calcutta Judgment.