Mohamed Zainudeen Mohamed Saleem vs Abdul Hameed Marikkar Mohamed Ismail Marikkar – CA APPEAL NO.534/95 F -2014

In the case between Mohamed Zainudeen Mohamed Saleem (deceased, substituted by Mohamed Saleem Misriya, Defendant-Appellant) and Abdul Hameed Marikkar Mohamed Ismail Marikkar (deceased, substituted by Mohamed Ismail Mohamed and others, Plaintiff-Respondents), the court addressed whether title to Lot G could pass to the plaintiff-respondents solely on a Certificate of Sale without the execution of a Fiscal’s Conveyance as stipulated under Section 289 of the Civil Procedure Code. It was held that such a certificate, in the absence of a Fiscal’s Conveyance, was insufficient for conveying title, reaffirming the principle that legal transfer of immovable property under execution proceedings mandates both confirmation of sale and execution of a Fiscal’s Conveyance. Reliance was placed on governin