Supreme Court of India · 1978-01-16
PATHUMMA AND OTHERS vs STATE OF KERALA AND OTHERS
- Citation / case number
- SC 1973/60229
- Court
- Supreme Court of India
- Petitioner
- PATHUMMA AND OTHERS
- Respondent
- STATE OF KERALA AND OTHERS
- Bench
- BEG, M. HAMEEDULLAH (CJ),BHAGWATI, P.N.,KRISHNAIYER, V.R.,FAZALALI, S.M. & SINGH, JASWANT,SHINGAL, P.N. & TULZAPURKAR, V.D.
Judgment text excerpt
The Supreme Court upheld the constitutional validity of Section 20 of the 1958 Act, which allows judgment-debtors to apply to set aside property sales under certain conditions. The Court ruled that the Act does not violate Article 19(1)(f) as it serves a legitimate purpose of providing relief to debtors. The Court also found no violation of Article 14, rejecting claims of discrimination against decree-holders. The appeals were dismissed, affirming the High Court's decision.