Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1989

Supreme Court of India · 1989-10-06

AMBATI NARSAYYA BIANNAGUDEM vs MADDULA SUBBARAO

Citation / case number
SC 1989/70182
Court
Supreme Court of India
Petitioner
AMBATI NARSAYYA BIANNAGUDEM
Respondent
MADDULA SUBBARAO
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that under Order XXI Rule 64 of the Code of Civil Procedure, 1908, the executing court must determine whether to sell the entire property or only a portion necessary to satisfy the decree. In this case, the sale of the entire 10 acres of land was deemed illegal as it exceeded the amount required to satisfy the claim of Rs. 2,400. The Court emphasized that sales not conforming to this requirement are without jurisdiction, thus setting aside the sale.

AMBATI NARSAYYA BIANNAGUDEM vs MADDULA SUBBARAO · Niyam