Supreme Court · 2007 INSC 1002 · Decided 4 October 2007

Hasthimal and Sons and ORS. v. P. Tej Raj Sharma

Court
Supreme Court of India
Citation
2007 INSC 1002 · [2007] 10 S.C.R. 537
Case number
CIVIL APPEAL No. 3008/2001
Decided
4 October 2007
Bench
A.K. MATHUR, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act

Headnote

AND SONS AND ORS. A v. P. TEJ RAJ SHARMA OCTOBER 04, 2007 B [A.K. MATHUR AND MARKANDEY KAT JU, JJ.) Transfer of Property Act, 1882: Mortgage of suit property with tenant-Mortgage deed providing c that on redemption of mortgage, mortgagee would become tenant of the mortgagor automatically as he appropriate forum for eviction of tenant. D Pre-emption-Mortgage of property-Another agreement whereby mortgagor undertaking to give first option to purchase, to mortgagee-Held: It operates as clog on right of redemption of vendee from the mortgagor. E The suit property was mortgaged under a

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