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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