
The Allahabad High Court ruled that a buyer who purchases a commercial plot on an “as is where is” basis through auction must inspect the site before bidding. The court held that…
The Allahabad High Court ruled that a buyer who purchases a commercial plot on an “as is where is” basis through auction must inspect the site before bidding. The court held that physical verification is expected of a prudent investor, and objections about location or construction impediments cannot be raised after the sale.
The bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh stated that an investor must be conscious of the entire transaction when buying a commercial plot at auction. The ruling underscores the principle that caveat emptor (buyer beware) applies strongly in commercial auctions.
The lazy narrative here paints the court as anti-investor. In truth, the judgment simply enforces basic diligence: if a plot is sold 'as is where is', the buyer bears the risk of visible defects. Courts routinely protect buyers from hidden fraud, but not from what a walk-through would reveal. The real test will come when a buyer claims the seller concealed a non-obvious defect. Until then, this ruling is common sense, not a crackdown.
Source: livelaw.in
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