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
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)