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april 1961

Supreme Court of India · 1961-04-28

JAISRI SAHU vs RAJDEWAN DUBEY AND OTHERS

Citation / case number
SC 1957/60193
Court
Supreme Court of India
Petitioner
JAISRI SAHU
Respondent
RAJDEWAN DUBEY AND OTHERS
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that a widow can sell property subject to a mortgage to discharge the mortgage debt, provided the sale is justified as that of a prudent owner managing her property. The Court found that the High Court erred in ruling that the sale deed was not binding on the reversioners, emphasizing that each case must be determined on its own facts. The Court also stated that conflicting decisions of High Court benches should generally be referred to a Full Bench for resolution, rather than one bench deciding to follow another without proper justification.

JAISRI SAHU vs RAJDEWAN DUBEY AND OTHERS · Niyam