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april 2006

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.

SAHEB KHAN vs MOHD. YUSUFUDDIN . · Niyam