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Section 66: Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 65 All 158 Sections of Code of Civil Procedure Section 67

Legal Commentary & Landmark Judgments: Section 66

Section 66 historically barred suits against certified purchasers on the ground that the purchase was made on behalf of another (repealed by the Prohibition of Benami Property Transactions Act, 1988).

  • Benami Purchase Bar Legacy: Historically prohibited suits against court auction purchasers alleging benami purchase.
  • Repeal & Modern Replacement: Repealed by Section 7 of the Benami Transactions (Prohibition) Act, 1988 (now PBPT Act, 1988/2016), which broadly bars benami claims across all property transfers.
Key Landmark Precedents:
  • Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656: Referenced the legislative evolution barring benami transactions in property conveyancing.
  • B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: Affirmed that auction sale certificates confer unassailable statutory title.
Courtroom Practice & Strategic Litigation Guidance:

Claims alleging that a property purchaser acted as an ostensible or benami owner are now governed by the Prohibition of Benami Property Transactions Act, 1988.

Section 65 All 158 Sections of Code of Civil Procedure Section 67