Supreme Court · 1975 INSC 154 · Decided 4 August 1975
Supreme General Films Exchange LTD. v. His Highness Maharaja Sir Brijnath Singhji Deo of Maihar & Ors
- Court
- Supreme Court of India
- Citation
- 1975 INSC 154 · [1976] 1 S.C.R. 237
- Case number
- CIVIL APPEAL No. 1041/1968
- Decided
- 4 August 1975
- Bench
- M. HAMEEDULLAH BEG, A.C. GUPTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 64; Constitution Article 136; Transfer of Property Act Section 52, 65A; Specific Relief Act Section 42
Headnote
Specific Rt'lief Act, 1877-S. 42---Scopc of Transfer of Properly Act s. 52 scope of. The plaintiff-respondents was a mortgagee in respect of a cinema theatre of which the appellant claimed to be a lessee in occupation. A comprom:se decree was passed on 7th May, 1960 in the suit filed by the n1ortg~gor by which it was agreed that the amounts due would be realised by the sale of the theatre. The Central Bank of India, another creditor of the mort­ gagor, assigned its rights under the decree to the pla'..ntiff-respondent. The tBeatre was attached in the course of the execution
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