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april 1952

Supreme Court of India · 1952-04-25

JOSHI GIRJADHARJI AND ANOTHER vs LACHMANJI PANTH AND OTHERS.

Citation / case number
SC 1951/51
Court
Supreme Court of India
Petitioner
JOSHI GIRJADHARJI AND ANOTHER
Respondent
LACHMANJI PANTH AND OTHERS.
Bench
DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court addressed the applicability of the U.P. Debt Redemption Act (XIII of 1940), specifically sections 2(9) and 21, in relation to a mortgage executed prior to the Act's enactment. The Court held that the status of a mortgagor as an agriculturist at the time of the loan's advance is crucial for relief under the Act. It was determined that since the mortgagor was not an agriculturist at the time of the mortgage in 1931, the application for relief was not valid, thus overturning the High Court's decision that had granted relief based on the mortgagor's status at the time of the suit.

JOSHI GIRJADHARJI AND ANOTHER vs LACHMANJI PANTH AND OTHERS. · Niyam