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1995 Supreme(SC) 268

FAIZAN UDDIN, S.C.AGRAWAL
Rao Mahmood Ahmad Khan Through Their L. R. – Appellant
Versus
Ranbir Singh – Respondent


Advocates:
ABHIJEET MEDH, ANIS SUHRAVARDY, ASHRAF CHAUDHARY, ASIM MEHROTRA, BAHAR U.BARQUI, BANARSI DASS, KUSUM SINGH, Mahabir Singh, MAHMUD KHALID RAO, MUSHRAF CHAUDHARY, P.N.Gupta

JUDGMENT

FAIZAN UDDIN, J. :—Leave granted.

Learned counsel for parties are heard.

2. The short question that arises for our consideration in this appeal is whether the payment of one fourth of the amount of auction-sale by cheque is a valid tender within the meaning of Rule 285-D of U. P. Zamindari Abolition and Land Reforms Rules, 1952.

3. The facts in brief leading to the filing of this appeal may be stated thus: The deceased respondent No. 1 Rao Mahmood Ahmad Khan being the defaulter of Government dues to the extent of Rs. 23026.37 paise was proceeded against for recovery of the said amount as arrears of land revenue and in pursuance of recovery proceedings the Collector, Saharanpur on 15-11-1986 attached his agricultural land bearing khasra No. 182, Mohalla Ismail Khan, Khewat No. 1/2 situated in Village Palhanpur, Tehsil and District Saharanpur. The said land was put to auction sale on 18-10-1973. Raghubir Singh, the respondent No. 1 herein was one of the bidders and his bid being highest for Rs. 31500/- .It was knocked down in his favour. The Sale Officer taking the bid made by respondent No. 1 to be adequate and reasonable accepted the same and directed the respondent No. 1 to


















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