Estoppel by attestation barred a court-auction purchaser from later asserting adverse title against a transferee relying on the conveyance.

Estoppel prevented an auction purchaser from asserting title acquired at a court sale after knowingly attesting a later conveyance stating that the judgment-debtor owned the land. By allowing the judgment-debtor to remain in possession and acquiescing in the conveyance, the purchaser represented that no adverse title would be claimed, and the transferee could rely on that representation. Section 317 of the Civil Procedure Code barred a suit based on an allegation that the certified auction purchaser was a benamidar, but did not preclude estoppel where title and possession were sustainable without proving benami. Procuring a sale certificate later was treated as fraudulent under the statutory saving.

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Issues: Whether an auction purchaser who knowingly attested a subsequent conveyance representing that the judgment-debtor owned the land was estopped from asserting title under the court auction, notwithstanding Section 317 of the Civil Procedure Code.

Analysis: The auction purchaser allowed the judgment-debtor to remain in possession for several years and, with knowledge of the recitals, attested the conveyance by which the plaintiff acquired title. Such attestation and acquiescence amounted to a representation that the auction purchaser asserted no adverse title, on which the purchaser under the conveyance was entitled to rely. Section 317 barred a suit founded on the assertion that the certified auction purchaser was merely a benamidar, but did not prevent application of estoppel where the plaintiff's title and possession could be sustained without proving the benami allegation. The subsequent procurement of a sale certificate in the auction purchaser's own name, after the attestation, was also treated as fraudulent within the saving in Section 317.

Conclusion: The auction purchaser was estopped from asserting title against the plaintiffs; the statutory bar did not defeat their claim.

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