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    <title>2016 (5) TMI 641 - MADRAS HIGH COURT</title>
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    <description>Subsequent transferees from the auction purchaser were not necessary parties because they stepped into the purchaser&#039;s shoes and could not claim better rights than the transferor. For SARFAESI applicability, the decisive factor was the character of the land when the security interest was created; where the secured asset was agricultural land, Section 31(i) excluded enforcement and the sale based on such proceedings was invalid. Dismissal of an earlier civil suit for default did not amount to a matter heard and finally decided, so it did not operate as res judicata against the later challenge.</description>
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    <pubDate>Tue, 05 Apr 2016 00:00:00 +0530</pubDate>
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      <description>Subsequent transferees from the auction purchaser were not necessary parties because they stepped into the purchaser&#039;s shoes and could not claim better rights than the transferor. For SARFAESI applicability, the decisive factor was the character of the land when the security interest was created; where the secured asset was agricultural land, Section 31(i) excluded enforcement and the sale based on such proceedings was invalid. Dismissal of an earlier civil suit for default did not amount to a matter heard and finally decided, so it did not operate as res judicata against the later challenge.</description>
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