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april 2006

Supreme Court of India · 2006-04-17

Saheb Khan vs Mohd. Yousufuddin & Ors

Citation / case number
AIR 2006 SUPREME COURT 1871
Court
Supreme Court of India
Petitioner
Saheb Khan
Respondent
Mohd. Yousufuddin & Ors
Author
Ruma Pal
Bench
Ruma Pal, Dalveer Bhandari, Markandey Katju

Judgment text excerpt

The Supreme Court held that the High Court erred in setting aside the auction sale of property conducted by an Advocate Commissioner, emphasizing that adequate notice was given as per the procedural requirements under the Code of Civil Procedure, specifically Order XXI Rule 90 and Section 151. The Court affirmed that the sale was valid as the respondent failed to substantiate claims of irregularities or fraud, and the appellant's bid of Rs. 12 lakhs was confirmed. The judgment reinstated the sale in favor of the appellant, overturning the High Court's decision.

Saheb Khan vs Mohd. Yousufuddin & Ors · Niyam