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    <title>2015 (1) TMI 1507 - BOMBAY HIGH COURT</title>
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    <description>A stranger auction purchaser acquiring property in a court sale that has not been set aside is protected and may rely on the decree and sale order; the validity of the auction cannot be reopened by collateral examination of prior title disputes. The alternative claim of title by prescription failed because it was not specifically and properly pleaded with the necessary factual foundation, and reliance on Article 526 of the Portuguese Civil Code was not raised as a distinct basis in the courts below. The purchasers&#039; title through the auction was upheld, while the prescriptive title plea was rejected, and the suit was decreed.</description>
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    <pubDate>Wed, 28 Jan 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=314339</link>
      <description>A stranger auction purchaser acquiring property in a court sale that has not been set aside is protected and may rely on the decree and sale order; the validity of the auction cannot be reopened by collateral examination of prior title disputes. The alternative claim of title by prescription failed because it was not specifically and properly pleaded with the necessary factual foundation, and reliance on Article 526 of the Portuguese Civil Code was not raised as a distinct basis in the courts below. The purchasers&#039; title through the auction was upheld, while the prescriptive title plea was rejected, and the suit was decreed.</description>
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