Supreme Court · 1968 INSC 103 · Decided 11 April 1968
Dhanki Mahajan v. Rana Chandubha Wakhatsing & ORS.
- Court
- Supreme Court of India
- Citation
- 1968 INSC 103 · [1968] 3 S.C.R. 759
- Case number
- CIVIL APPEAL No. 38/1965
- Decided
- 11 April 1968
- Bench
- R.S. BACHAWAT, K.S. HEGDE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Contract Act
Headnote
Sdurashrra Agricullurd Debtors' Relief Act 23 of 1954, •· 2(6)(i)­ Debtor, definition of-Person with liability over Rs. 25,000 not a debtor­ /oint liability of umfructury mortgagoro for an amount llD'.ger than Rs. 25.000-Whether each of them ccn be regarded as liable /or only executed in 1940 a usufructury mortgal!e of their land in favour of the al'l"'llant and certain others. The liability under the mortgage was a joint bability and under the terms of the deed each one of the mortgagors was liable fo'r the entire debt due under the mortgage. The respondents
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)