Code of Civil Procedure • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 65 of Code of Civil Procedure: Purchaser's title
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
Statutory Defined Terms in this Section:(Click any term for official legal definition)
Section 65 codifies the retroactive vesting of title in an auction purchaser, providing that where immoveable property is sold in execution of a decree and the sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold, and not from the time when the sale becomes absolute.
Retroactive Vesting of Title: Where immoveable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
Sale Certificate Relation Back: Vesting relates back to the fall of the hammer on auction day, not the date the court confirms the sale under Order 21 Rule 92 or issues the sale certificate.
Intervening Profits Entitlement: The auction purchaser is entitled to all rents, profits, and accruals generated between the date of auction and the date the sale becomes absolute.
Key Landmark Precedents:
B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: The Supreme Court authoritatively analyzed Section 65, holding that the auction purchaser's title becomes complete on confirmation and relates back retrospectively to the date of auction; no registered sale deed is required as title vests by operation of law.
Janak Raj v. Gurdial Singh, AIR 1967 SC 608: The Constitution Bench settled that under Section 65 read with Order 21 Rule 92, an auction sale in favor of a stranger purchaser must be confirmed even if the ex-parte decree under which the sale took place is subsequently set aside.
Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: Reaffirmed the sanctity of auction purchaser title under Section 65 against collateral challenges.
Courtroom Practice & Strategic Litigation Guidance:
Upon confirmation of court auction sale under Order 21 Rule 92, assert Section 65 to demand mesne profits and rents collected by the debtor from the original date of auction.
Legal Commentary & Landmark Judgments: Section 65
Section 65 codifies the retroactive vesting of title in an auction purchaser, providing that where immoveable property is sold in execution of a decree and the sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold, and not from the time when the sale becomes absolute.
Upon confirmation of court auction sale under Order 21 Rule 92, assert Section 65 to demand mesne profits and rents collected by the debtor from the original date of auction.