Supreme Court of India · 2001-10-16
NARAYAN GOVIND HEGDE vs KAMALAKARA SHIVARAMA HEGDE
- Citation / case number
- SC 1984/65127
- Court
- Supreme Court of India
- Petitioner
- NARAYAN GOVIND HEGDE
- Respondent
- KAMALAKARA SHIVARAMA HEGDE
- Bench
- SYED SHAH MOHAMMED QUADRI & S.N. PHUKAN
Judgment text excerpt
The Supreme Court upheld the dismissal of the applicant's appeal regarding the auction sale of land under the Bombay Agricultural Debtors Relief Act, 1947, emphasizing that the sale was valid due to legal necessity as the loan was taken for family needs. The Court clarified that the applicant, born after the loan was taken, was bound by the auction sale as no challenge was made on grounds of immorality or lack of legal necessity. The Court also ruled that the application under Section 37 of the Act was not maintainable due to prior dismissal, thus affirming the High Court's decision.