In Brief
A bank sold a mortgaged property through auction after the borrower defaulted on agreed payments. The borrower later sought to set aside the sale, arguing it was his only property. The DRAT allowed his plea under Rule 22, and the High Court upheld this. The Supreme Court reversed both orders, holding that a confirmed auction sale crystallised into a deed cannot be cancelled merely because the property is the debtor's sole asset or because money was received under protest. The Court directed possession be handed to the appellant-purchaser, while the appellant was ordered to return the auction amount plus interest to the borrower."
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