Supreme Court · 1958 INSC 67 · Decided 23 May 1958

Mahant Ramdhan Puri v. Bankey Bihari Saran & Others

Court
Supreme Court of India
Citation
1958 INSC 67 · [1959] 1 S.C.R. 1085
Case number
CIVIL APPEAL No. 239/1954
Decided
23 May 1958
Bench
VIVIAN BOSE, P.B. GAJENDRAGADKAR, A.K. SARKAR, K. SUBBA RAO (4-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 133(1)(a); Transfer of Property Act Section 77

Headnote

SUPREME COURT REPORTS 1085 MAHANT RAMDHAN PURI v. BANKEY BIHARI SARAN & OTHERS (GAJENDRAGADKAR, A. K. SARKAR, SuBBA RAo and VIVIAN BOSE JJ.) Deed, constri;ction of-Mortgage or lease-Accounts-Mort­ gagee, if bound to render account-Transfer of Property Act (IV of I882), SS. 76 and 77. D a pre-existing thika in favour of J for a period of 9 years, under which D took Rs. 2,205 as peshgi money with­ out interest and the annual rent was fixed at Rs. 2,205. The document provided that (i) interest at ~ per cent. per month was payable on the sum of Rs. 29>496; (ii) during the

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