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november 1957

Supreme Court of India · 1957-11-21

ASA RAM AND ANOTHER vs MST. RAM KALI AND ANOTHER

Citation / case number
SC 1956/91
Court
Supreme Court of India
Petitioner
ASA RAM AND ANOTHER
Respondent
MST. RAM KALI AND ANOTHER
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Section 76(a) of the Transfer of Property Act, 1882, an agricultural lease created by a mortgagee is binding on the mortgagor even after redemption, provided it is a prudent management decision. The Court found that the lease in question could not be upheld as it was not executed by a person with authority, thus denying the respondents' claim to rights as hereditary tenants under Section 29(a) of the U.P. Tenancy Act, 1939. Consequently, the appellants were entitled to possession of the land as the respondents were deemed trespassers.

ASA RAM AND ANOTHER vs MST. RAM KALI AND ANOTHER · Niyam