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.