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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