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.