Supreme Court · 1965 INSC 128 · Decided 5 May 1965
Kumar Harish Chandra Singh Das & ORS. v. Bansidhar Mohanty and ORS.
- Court
- Supreme Court of India
- Citation
- 1965 INSC 128 · [1966] 1 S.C.R. 153
- Case number
- CIVIL APPEAL No. 304/1963
- Decided
- 5 May 1965
- Bench
- K.N. WANCHOO, J.C. SHAH, J.R. MUDHOLKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 59, 3
Headnote
Transfer of Property Act (4 of 1882), ss. 3 and 59-Mortgage deed in name of benamidar--Altestation by lender of money-V alidiiy-Suit by lender-If 1naintainable. The first respondent le>nt money to the appellant and obtained a mort­ gage deed from him in the name of the second respondent. the two attesting witnesses. On the failure of the appellant to repay the amount, the first respondent instituted a suit and the suit was decreed by the High Court. In his appeal to the Supreme Court, the appellant contended that : (i) the mortgage deed was not validly attested and (ii) the first
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)