Supreme Court · 1972 INSC 269 · Decided 31 October 1972

Raj Narain Pandey & ORS. v. Sant Prasad Tewari & ORS.

Court
Supreme Court of India
Citation
1972 INSC 269 · [1973] 2 S.C.R. 835
Case number
CIVIL APPEAL No. 1308/1967
Decided
31 October 1972
Bench
C.A. VAIDYIALINGAM, HANS RAJ KHANNA, Y.V. CHANDRACHUD (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 91(a)

Headnote

U.P. Tenancy Act (17 of 1939) ss. 33, 44, 45, 8·2· and 180-Scope of Stare Decisis-Application by Supre1ne Court with respect to decisiom of High Court interpreting /occ./ Statutes. In interpreting ss. 33, 44, 45, 82 and 180 of the U.P. Tenancy Act, 1939, the High Court, in two Full R"m [A.l.R. (31) 1944, Allahabad 25] Mahaha/ Singh v. Ram Raj (A.l.R. (37) 1950 Alkihabad 604), held: (1) That the usufructuary mortgage of an occupancy holding by a ten­ ant is void and not ~dable; (2) that a !"ortgagor after _giving_ possession to the mortgagee cannot recover

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