Supreme Court · 1996 INSC 375 · Decided 13 March 1996
Gopalan Krishnan Kutty v. Kunjamma Pillai Sarojini Amma & ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 375 · [1996] 3 S.C.R. 355
- Case number
- CIVIL APPEAL No. 4192/1994
- Decided
- 13 March 1996
- Bench
- J.S. VERMA, S.P. BHARUCHA, K. VENKATASWAMI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
B Mo1tgage: M01tgage in favour of Lessee-Lease not sun-endered7-0n expi1y of Mortgage suit for redemption and recovery of possession-Allowed by Trial C Cowt and A/finned by High Cowt-011 appeal-Held, No automatic merger of interest in the absence of proof of swrender-Not entitled to recover (appellant) was a lessee. The Respondent (Plaintill) executed a mortgage in favour of defendant (appellant). On expiry of the D period of mortgage, the defendant filed a suit for redemption and rec~very -,; of possession of the premises. The Trial court passed preliminary decree •
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