Supreme Court · 1966 INSC 220 · Decided 14 October 1966
Soni Lalji Jetha & ORS. v. Soni Kalidas Devchand & ORS.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 220 · [1967] 1 S.C.R. 873
- Case number
- CIVIL APPEAL No. 727/1964
- Decided
- 14 October 1966
- Bench
- K. SUBBA RAO, R.S. BACHAWAT, J.M. SHELAT (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 91, 40
Headnote
Adverse possession-Agreement to sell mortgaged propertie.f--Subse­ quent sale 'IC mortgagee in possession-Possession of · mortgagee, if ad­ verse-Trusts Act (2 of 1882), s. 91-Transfer of Property Act {4 o/ 1882), s. 40, para 2. The karta of a joint Hindu family executed in 1907 a of certain family properties. After the death of the karta, the coparceners, by an agreement of sale in 1930 agreed to sell, subject to the mortgage, the properties to respondents 1 and 2. Later, the coparceners, by a registered ~ale deed, sold the properties to L and K, sons of the original
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