https://www.taxtmi.com/caselaws?id=278592 The court held that a sale conducted in violation of Section 99 of the Transfer of Property Act is an irregular and voidable sale, not a nullity. Such a sale can be set aside before confirmation through an application under Section 244 of the Civil Procedure Code. After confirmation, it can only be avoided if the applicant proves ignorance of the sale due to fraud or other reasons. The court did not directly address the impact of such a sale on the mortgagor's right of redemption, suggesting it is more relevant in a redemption suit. The case was remanded for further inquiry, with costs to abide by the result. en-us Fri, 02 Aug 1907 00:00:00 +0530 Wed, 13 Feb 2019 14:17:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=278592 The court held that a sale conducted in violation of Section 99 of the Transfer of Property Act is an irregular and voidable sale, not a nullity. Such a sale can be set aside before confirmation through an application under Section 244 of the Civil Procedure Code. After confirmation, it can only be avoided if the applicant proves ignorance of the sale due to fraud or other reasons. The court did not directly address the impact of such a sale on the mortgagor's right of redemption, suggesting it is more relevant in a redemption suit. The case was remanded for further inquiry, with costs to abide by the result. Case-Laws Indian Laws Fri, 02 Aug 1907 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=278592