Supreme Court · 1969 INSC 219 · Decided 5 September 1969
Kedar Nath Lal & ANR. v. Ganesh Ram & ORS.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 219 · [1970] 2 S.C.R. 204
- Case number
- CIVIL APPEAL No. 1091/1964
- Decided
- 5 September 1969
- Bench
- M. HIDAYATULLAH, J.M. SHELAT, C.A. VAIDYIALINGAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 52
Headnote
Transfer of Property Act (4 of 1882), s, 52-Doctrine if !is pendens­ Applicabi/ity, Release by Cooperative Society of properfy from mortgage-Effect of. One R executed a mortgage of his share in two survey No&. to a Coope­ rative Society. On his application and in order to enable him to R never paid the amount to the Society. The Society filed an application for 'a mortgage award on April 5, 1934 and the Assistant Registrar made an award in the nature of a preliminary decree, on December 16, 1934. There­ after a final mortgage decree was passed by the Assistant
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