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Auction purchaser – Court auction - The purchaser can not get a higher right, title or interest in the property than what vested with the seller - Ultimately the purchaser takes the risk, if he purchases the property which does not belong to the judgment debtor - The purchaser at an auction sale takes the property subject to all the defects of title, and the doctrine of caveat emptor (let the purchaser beware) applies to such a purchaser - Therefore, even assuming that the court auction sale was held in respect of the entire property, it cannot be said that such sale was valid to the entire extent - At most, it can be said that it was valid to the extent of the property which was owned by the judgment debtor i.e. C - C was the judgment debtor, at most only his share in the property could be sold and it is not open for the purchaser to contend that he purchased the entire property though only 50% of the property belonged to the judgment debtor-C - By virtue of auction sale, the purchaser would get only the share vested with C inasmuch as C alone was the judgment debtor - The property which is not owned by the judgment debtor could not be sold at all and therefore, even assuming that the sale certificate is wrongly issued in respect of the entire property, the same does not bind the plaintiffs inasmuch they continued to be the owner of 50% of the whole of the property. (2018)2 SCeJ 1704
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