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april 1961

Supreme Court of India · 1961-04-27

RANA SHEO AMBAR SINGH vs ALLAHABAD BANK LTD., ALLAHABAD.

Citation / case number
SC 1960/197
Court
Supreme Court of India
Petitioner
RANA SHEO AMBAR SINGH
Respondent
ALLAHABAD BANK LTD., ALLAHABAD.
Author
K.N. WANCHOO
Bench
K.N. WANCHOO

Judgment text excerpt

The Supreme Court held that under the U.P. Zamindari Abolition and Land Reforms Act, 1950, specifically sections 6(a)(i), 6(h), and 18, the proprietary rights of the appellant were extinguished and replaced by new Bhumidari rights. The Court ruled that these Bhumidari rights, being a new form of tenure, could not be sold in execution of the mortgage decree as they were not included in the original mortgage. Consequently, the appeal was dismissed, affirming the High Court's decision that the Bhumidari rights could not be executed against the mortgage held by the respondent Bank.

RANA SHEO AMBAR SINGH vs ALLAHABAD BANK LTD., ALLAHABAD. · Niyam