Sale
Sale-void
and voidable.
Distinction
between a void sale and an illegal or irregular sale is that a void sale is a
nullity held absolutely without any jurisdiction or in contravention of a
public policy in which a person is sought to be affected by sale may proceed on
the basis that it had no existence and his right in the property stands
unaffected.
If
a sale takes place under the order of the court and does not observe the
formalities provided for in the statute which give protection to an individual,
who may waive them, the sale is an illegal or irregular one and it is voidable
and not void.
Santosh Lal Saha
Vs. Dakhina Ranjan Chowdhury (1953) 5 DLR 81.
—
The extreme contention that a sale in contravention of a statutory provision is
a nullity or void is supported by neither principle nor authority.
Sale-purchase—
In
the field of compulsory acquisition of land such words as ‘sale’ and ‘purchase’
are frequently used in connection with transaction by which the transfer of
ownership in land takes place in the absence of mutual assent.
Ratu Taito
Nalukuya Vs. Director of Lands. (1959) 11 DLR 81 (PC).
—The
discovery of defect in title does not per se make a contract of sale void. 1953 PLR (Lah.) 689.
—Contract
of sale cannot be rescinded after execution of sale deed on the ground of a
defect in the title unless a warranty was incorporated in the deed. Ibid.