Supreme Court · 1976 INSC 70 · Decided 23 March 1976

Shah Mathuradas Maganlal & CO. v. Nagappa Shankarappa Malage & ORS.

Court
Supreme Court of India
Citation
1976 INSC 70 · [1976] 3 S.C.R. 789
Case number
CIVIL APPEAL No. 450/1970
Decided
23 March 1976
Bench
A.N. RAY, JASWANT SINGH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 62

Headnote

J l· • 789 SHAH MATHURADAS MAGANLAL & CO. v. NAGAPPA SHANKARAPPA MALAGE & ORS. March 23, 1976 [A. N. RAY, C.J. AND JASWANT SINGH, JJ.) Mortgage-Tenant in occupation taking a Possessory mortgage of the building ·'.4:ith powers to sublet w.e.f. 7-11-1953 by a Deed of distinguished. In the suit, for redemption of mortgage and recovery of possession, the appellant mortgagee in possession of the suit house w.ei. 7-11-1953 by virtue of the Deed of Possessory mortgage dt. 21-5-1953 contested on the ground that, in view of the fact that he was a tenant prior to

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