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august 1973

Supreme Court of India · 1973-08-14

GAJADHAR PRASAD & ORS. vs BABU BHAKTA RATAN & ORS.

Citation / case number
SC 1967/289
Court
Supreme Court of India
Petitioner
GAJADHAR PRASAD & ORS.
Respondent
BABU BHAKTA RATAN & ORS.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that the execution court failed to conduct the sale of two bungalows in accordance with Order 21, Rule 66(2)(e) of the CPC, which mandates that essential facts affecting property valuation must be disclosed. The court emphasized that both the decree-holder's and judgment-debtor's valuations should be considered, and the execution court must demonstrate it has applied its mind to the particulars necessary for a fair sale. The Court ordered a fresh sale of the bungalows, highlighting the irregularities in the previous sale process and the lack of proper valuation disclosure.

GAJADHAR PRASAD & ORS. vs BABU BHAKTA RATAN & ORS. · Niyam