Supreme Court · 1952 INSC 22 · Decided 14 April 1952

Mahabir Gope and Others v. Harbans Narain Singh and OTHERS.

Court
Supreme Court of India
Citation
1952 INSC 22 · [1952] 1 S.C.R. 775
Case number
CIVIL APPEAL No. 143/1951
Decided
14 April 1952
Bench
MEHR CHAND MAHAJAN, N. CHANDRASEKHARA AIYAR, VIVIAN BOSE (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 83

Headnote

SUPREME COURT REPORTS MAHABIR GOPE AND OTHERS v. HARBANS NARAIN SINGH AND OTHERS. [MEHR CHAND MAHAJAN, CHANDRASEKHARA AIYAR and VIVIAN BosE JJ.l 775 Bihar Tenancy Act, 1937, ss. 5(2), 20, 21-Zuripeslzgi lease-­ Lease .by mortgagee for a term of 3 years-Lease continuing in possession for over person cannot transfer or otherwise confer a better title on another than he himself has and a mortgagee cannot therefore create an interest in mortgaged property which will enure beyond the termination of his interest as mortgagee. Further, a mortgagee cannot during the subsistence of the

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