Supreme Court · 2001 INSC 265 · Decided 8 May 2001

Nirmal Chandra v. Vimalchand

Court
Supreme Court of India
Citation
2001 INSC 265 · [2001] 3 S.C.R. 571
Case number
CIVIL APPEAL No. 686/1997
Decided
8 May 2001
Bench
D.P. MOHAPATRA, BRIJESH KUMAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 83; Rent Control Act

Headnote

B Transfer of Property Act, 1882-S.83-Landlord--Mortgage of leased property in favour of tenant-Redemption of mortgage-Termination of tenancy rights-Whether automatic?-Held, No-There can be no automatic merger of mortgage and lease and both operate independent of each other- c Unless there is to continue in possession- ... :Moreover, relief of possession cannot be granted to landlord under S. 83- Landlord has to file eviction suit under the relevant provisions of Rent Control Act-Madhya Pradesh Accommodation Control Act, 1961-S.12. D Appellant-landlord executed a registered mortgage

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