Supreme Court · 1994 INSC 590 · Decided 8 December 1994
Parmar Kanaksinh Bhagwansinh (Dead) BY L.RS. v. 1. Makwana Shanabhai Bhikhabhai and 2. Makwana Prabatbhai Bhikhabhai
- Court
- Supreme Court of India
- Citation
- 1994 INSC 590 · [1994] SUPP. 6 S.C.R. 423
- Case number
- CIVIL APPEAL No. 1389/1978
- Decided
- 8 December 1994
- Bench
- R.M. SAHAI, N. VENKATACHALA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act
Headnote
B Transfer of Property Act, 1882--Section I II-Lease of immovable property-Mortgage by conditional sale-Whether the lease-hold of a tenant in a property would merge in mortgage security as would debar a C tenant from desisting the suit of landlord mortgagor for recovery of possession of such for redemption of the mortgage-Held: No. Bombay Tenancy and Agricultural Lands Act, 1948: Sections 70, 85 and 85-A Suit for redemption filed in Civil Court -opposite party claiming D to be tenant and seeking reference to Mamlatdar for a finding-Whether Civil Court decide the issue its/elf-Held:
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)