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december 1951

Supreme Court of India · 1951-12-18

KIDAR LALL SEAL AND ANOTHER vs HARI LALL SEAL.

Citation / case number
SC 1950/59
Court
Supreme Court of India
Petitioner
KIDAR LALL SEAL AND ANOTHER
Respondent
HARI LALL SEAL.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court ruled that the right to contribution among co-mortgagors is governed by Sections 82 and 92 of the Transfer of Property Act, 1882, rather than Section 43 of the Indian Contract Act, 1872. The Court established that co-mortgagors are required to contribute proportionately based on the value of their respective shares in the mortgaged property, not on the benefits derived. The judgment clarified that extrinsic equitable principles should not be introduced in determining contribution obligations under the specific provisions of the Transfer of Property Act.

KIDAR LALL SEAL AND ANOTHER vs HARI LALL SEAL. · Niyam