Supreme Court · 1987 INSC 71 · Decided 5 March 1987

Gaya Prasad v. Surendra Bahadur Singh, (Dead) BY L.RS. & ORS.

Court
Supreme Court of India
Citation
1987 INSC 71 · [1987] 2 S.C.R. 542
Case number
CIVIL APPEAL No. 1331/1976
Decided
5 March 1987
Bench
V. KHALID, G.L. OZA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act Section 23; Specific Relief Act

Headnote

U.P. Encumbered Estates Act, 1934--Sections 7, 14(7), 18, 20, 24, 43 and 44-Restrictions imposed by the Act-Agreement of sale- Whether such restriction-Agreement to sell-Not a transfer of right in ,. immovable property-Mortgage of the property-Rights of mortgage C whether extinguish!!d by its into an agreement to sell the house in dispute to the appellant on May 5, 1958. Earlier he had made an appli­ cation to the Collector under Section 4 of the U .P. Encumbered Estates D Act (U .P. Act No. XXB of 1934), which had been transmitted .to the Special Judge under Section 6 of the Act

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