Supreme Court · 1999 INSC 16 · Decided 20 January 1999
Cheriyan Sosamma and ORS. v. Sundaresan Pillai Saraswathy Amma and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 16 · [1999] 1 S.C.R. 172
- Case number
- CIVIL APPEAL No. 1435/1981
- Decided
- 20 January 1999
- Bench
- S. SAGHIR AHMAD, M.B. SHAH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
SOSAMMA AND ORS. v. SUNDARESAN PILLAI SARASWATHY AMMA AND ORS. JANUARY 20, 1999 B [S. SAGHIR AHMAD AND M.B. SHAH, JJ.) Tra11sfer of Property Act, 1882: Usufrnctuwy 11101tgage-Executio11 of-!11 favour of wife of lessee of C same property-Merger of lease and mortgage-A1isi11g of-Lease agreeme11t with that of the mortgaged property upo11 redemp· tion of mortgage-171ere is 110 automatic swrender of lease a11d, therefore, D mortgagor is 11ot e11titled to delivery of physical possession of property upon \ -~ redemption of mortgage-Implied surre11der of the lessee's rights would
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