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december 1961

Supreme Court of India · 1961-12-13

RAJA SAILENDRA NARAYAN BHANJ DEO vs KUMAR JAGAT KISHORE PRASAD NARAYAN SINGH

Citation / case number
SC 1959/175
Court
Supreme Court of India
Petitioner
RAJA SAILENDRA NARAYAN BHANJ DEO
Respondent
KUMAR JAGAT KISHORE PRASAD NARAYAN SINGH
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the Bihar Land Reforms Act, 1950, specifically Section 35, effectively bars civil courts from adjudicating on mortgage claims concerning tenures vested in the government. The Court ruled that while the Act does not explicitly prohibit a mortgagor's suit for redemption, the practical effect is that such suits become infructuous once the mortgaged property is divested. The Court affirmed that the mortgagor is entitled to present claims regarding payments made to the creditor during proceedings under the Act, but ultimately, a redemption decree cannot be executed post-divestment.

RAJA SAILENDRA NARAYAN BHANJ DEO vs KUMAR JAGAT KISHORE PRASAD NARAYAN SINGH · Niyam