Supreme Court · 2013 INSC 546 · Decided 21 August 2013
Sunita Jugalkishore Gilda v. Ramanlal Udhoji Tanna (Dead) THR. LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 546 · [2013] 8 S.C.R. 215
- Case number
- CIVIL APPEAL No. 6966/2013
- Decided
- 21 August 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 52; Rent Control Act
Headnote
A 8 Transfer of Property Act, 1882 - s. 52 - Mortgagor inducting tenant in a mortgaged property, to the prejudice of C the mortgagee, pendente lite - Permissibility - On facts, mortgagor (respondent no.2 & 3) inducted respondent no.1 as a tenant without consent of the of respondent no.1-tenant was during subsistence of the mortgage and a/so subsistence of various legal D proceedings pending before various courts between the mortgagor and the mortgagee - Suit of appellant-mortgagee against respondents for recovery of possession, and damages for use and
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