Supreme Court of India · 2006-04-17
SAHEB KHAN vs MOHD. YUSUFUDDIN .
- Citation / case number
- SC 2004/8186
- Court
- Supreme Court of India
- Petitioner
- SAHEB KHAN
- Respondent
- MOHD. YUSUFUDDIN .
- Author
- RUMA PAL
- Bench
- RUMA PAL, DALVEER BHANDARI & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court held that the sale of property conducted by an Advocate Commissioner under Order XXI Rule 90 and Section 151 of the Code of Civil Procedure was valid, as adequate notice was provided and the auction process was transparent. The Court emphasized that the respondent's failure to substantiate claims of a higher bid and to produce the alleged purchaser undermined their appeal. Consequently, the Court reinstated the Trial Court's decision confirming the sale in favor of the appellant, thereby upholding the auction process.