Supreme Court · 1966 INSC 58 · Decided 28 February 1966
Prabhu v. Ramdev & ORS.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 58 · [1966] 3 S.C.R. 676
- Case number
- CIVIL APPEAL No. 323/1963
- Decided
- 28 February 1966
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, M. HIDAYATULLAH, J.C. SHAH, S.M. SIKRI (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution; Transfer of Property Act
Headnote
Transfer of Property Act (4 of 1882), s. 16(e)-Tenants inducted by mortgagee-When ca11 continue in possession after tenninttion of nrortgage. The appellant's father created a usufructuary mortgage of the land m dispute and the mortgagee admitted the respondents as tenants. During the continuance po!· session as tenants, the Rajasthan Tenancy Act, 1955, came into ~orce. lbe mortgage was eventually redeemed but the respondents con!lnued in possession. The appellant therefore sued for possession of the land before the revenue authorities and the Board of Revenue in appeal, held that
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