Auction-purchaser possession applications are not barred by missing sale certificate; the certificate is only evidence of title.

In execution proceedings, an auction-purchaser seeking possession was not required to file the sale certificate with the application, because Article 180 of the Limitation Act, 1908 refers only to a purchaser and does not make production of the certificate a condition precedent. The sale certificate under Order 21, Rule 94 was treated as evidence of title, not as a title deed, while the purchaser's rights were traced to Section 65 of the Code of Civil Procedure, 1908, under which title vests from the time of sale and relates back when the sale becomes absolute. Delay or absence in issuing the certificate did not affect limitation under Order 21, Rule 95.

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Issues: Whether a purchaser of immovable property in execution proceedings was bound to file the sale certificate along with the application for possession, and whether absence or delayed issue of the certificate affected limitation under Article 180 of the Limitation Act, 1908.

Analysis: The application for possession had to satisfy Article 180, which speaks only of a purchaser and does not make production of the sale certificate a condition precedent. The certificate under Order 21, Rule 94 was held to be merely evidence of title and not a title deed. The rights of the auction-purchaser were traced to Section 65 of the Code of Civil Procedure, 1908, under which property vests from the time of sale and the vesting relates back when the sale becomes absolute. Order 21, Rule 95 did not require the certificate to accompany the possession application, and delay in issuing the certificate did not extend or control limitation.

Conclusion: The sale certificate was not a sine qua non for the possession application, the application was within limitation, and the objection based on absence of the certificate failed.

Ratio Decidendi: In proceedings under Article 180 of the Limitation Act, 1908, a sale certificate is only evidence of title and not a condition precedent to an application for possession by the auction-purchaser.

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