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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