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march 1998

Supreme Court of India · 1998-03-26

TASADDUG HUSSAIN KHAN vs SHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANOTHER

Citation / case number
SC 1983/66089
Court
Supreme Court of India
Petitioner
TASADDUG HUSSAIN KHAN
Respondent
SHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANOTHER
Author
G.B. PATTANAIK G.N. RAY
Bench
G.B. PATTANAIK G.N. RAY

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's order granting restitution of possession under Section 144 of the Code of Civil Procedure to the judgment-debtors, who had previously lost their property in an auction due to execution of a money decree. The Court affirmed that the auction purchaser was entitled to recover Rs.8,000 and additional damages, but the judgment-debtors were entitled to restitution after fulfilling their payment obligations. The Court clarified the rights of parties in auction sales and restitution proceedings.

TASADDUG HUSSAIN KHAN vs SHIV NATH SAHU (DECEASED) THROUGH LRS. AND ANOTHER · Niyam