KANHAIYALAL vs Dr. D. R. BANAJI AND OTHERS

The Supreme Court held that the sale of property under the Berar Land Revenue Code, 1928, was illegal due to the absence of leave from the Court and failure to notify the Receiver appointed under Order 40, Rule 1 of the Code of Civil Procedure. The Court clarified that the suit filed by the Receiver to declare the sale a nullity was not barred by Sections 157 and 192 of the Berar Land Revenue Code, as these sections only pertain to irregularities in the sale process. The Court ruled that the suit was valid and could proceed despite the auction-purchaser's claims to the contrary.