Supreme Court · 2008 INSC 472 · Decided 9 April 2008

M.R. Satwaji Rao (D) BY L.RS. v. B. Shama Rao (Dead) BY L.RS. & ORS.

Court
Supreme Court of India
Citation
2008 INSC 472 · [2008] 6 S.C.R. 90
Case number
CIVIL APPEAL No. 319/2002
Decided
9 April 2008
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 90; Transfer of Property Act Section 58(d); Limitation Act Section 61

Headnote

Transfer of Property Act, 1882 - s. 58 (d) - Usufructuary mortgage -Mortgager remaining in possession of the c mortgaged land as a tenant on payment of rent - Failure to pay rent - Suit for recovery of money by mortgagee, decreed - In execution of the decree, mortgaged land auctioned and - Suit by mortgager for redemption of mortgage - Dismissed by trial court - Decreed D by High Court - On appeal, held: Mortgagor entitled to redeem the mortgage - The suit by mortgagee since was not in terms \. of 0. XXXIV r. 14 CPC, purchase by him amounts to a mere trust for the mortgagor

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