Supreme Court · 2001 INSC 531 · Decided 19 October 2001
Bansilal and ORS. v. Mohammad Israil and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 531 · [2001] SUPP. 4 S.C.R. 484
- Case number
- CIVIL APPEAL No. 927/1991
- Decided
- 19 October 2001
- Bench
- D.P. MOHAPATRA, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Central Provinces and Berar Relief of lndeb(edness Act, 1939: Sections 12, 14, 15 and 27. Section 13(3)-Expression "in the case o.fa mortgage, lien or charge as if a .final decree has been passed by a Court of civil jurisdiction" -Scope o.f­ Certificat~ issued under Section amount due in one lump­ sum as (fit were a.final decree.for recovery of money-It could not operate as a final decree .for foreclosure. The predecessor-in-interest of the respondents, mortgager-debtor, committed two consecutive defaults in repayment of the mortgage dues. The scheme for
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)