Supreme Court · 1984 INSC 162 · Decided 28 August 1984

Sambangi Applaswamy Naidu & Others v. Behara Venkataramanayya Patro and Others

Court
Supreme Court of India
Citation
1984 INSC 162 · [1985] 1 S.C.R. 651
Case number
CIVIL APPEAL No. 1339/1977
Decided
28 August 1984
Bench
V.D. TULZAPURKAR, M.P. THAKKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

·Landlord and tenant relationship-Whether upon redemption of uSufruc. tuary mortgage a tenant mortgage could be directed to deliver the actual ond­ phys;cal possession of the mortgaged property to the /essor-Mortgagor-}Jerger ofa lease and a mortgage ;n respect oft he same property, Sections 58, 101 and /OS-Interpretation of deeds. ( RespoDdent9, predecessor Behara Venkataramanayya Patro executed two deeds dated 30.8-1939 and 25.8-1942 in favour of one Sambaagi Thaviti­ naidoe, who was then a sitting tenant of the property. In 1951 the mortgagor filed a suit for

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