https://www.taxtmi.com/caselaws?id=331039 A fresh challenge to an auction sale and request for restoration of possession was held barred because the relief could and should have been sought in earlier proceedings; constructive res judicata under Section 11 CPC, including Explanation IV, prevented re-agitation, and the belated challenge was also time-barred. On merits, the appellant failed to prove a credible independent title or source of funds. The court relied on surrounding circumstances, including financial records, possession of original title deeds, transaction details, and delayed conduct, to uphold the finding that the property belonged to the company in liquidation and was held in the appellant's name only nominally. The appeal accordingly failed on maintainability and merits. en-us Wed, 13 Jul 2016 00:00:00 +0530 Wed, 25 Dec 2019 18:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=331039 A fresh challenge to an auction sale and request for restoration of possession was held barred because the relief could and should have been sought in earlier proceedings; constructive res judicata under Section 11 CPC, including Explanation IV, prevented re-agitation, and the belated challenge was also time-barred. On merits, the appellant failed to prove a credible independent title or source of funds. The court relied on surrounding circumstances, including financial records, possession of original title deeds, transaction details, and delayed conduct, to uphold the finding that the property belonged to the company in liquidation and was held in the appellant's name only nominally. The appeal accordingly failed on maintainability and merits. Case-Laws Benami Property Wed, 13 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=331039