Supreme Court · 1967 INSC 197 · Decided 31 August 1967
Anandram Jivraj Gagle v. Premraj Mukandas & ORS.
- Court
- Supreme Court of India
- Citation
- 1967 INSC 197 · [1968] 1 S.C.R. 424
- Case number
- CIVIL APPEAL No. 8/1965
- Decided
- 31 August 1967
- Bench
- J.C. SHAH, S.M. SIKRI, J.M. SHELAT (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 76(h)
Headnote
Transfef' of Property Act (4 of 1882), ss. 76(d) and 76(h)-Ptio­ rities laid down in s. 76(h) whether subject to those in s. 76(d). The respondents filed a suit against !he appellant for redemp­ tion . of a mortgage. The suit was decreed subject to payment of a sum of Rs. 9,224-lZ.O The appellant· filed an appeal in the Court of the District Judge and inter alia urged that "the court oJght to have directed the Com­ missioner to deduct the rent received (i) first towards taxes, then (ii) towards interest of the amount, of repairs etc., then (iii) to­
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