PRATAP CHAND vs RAM NARAYAN AND ANOTHER.

The Supreme Court held that the mortgage executed by Ramchandar included all proprietary rights in his share of the property, including sir land, as per Section 70 of the Transfer of Property Act, 1882. The Court clarified that since the mortgage was without possession, Ramchandar retained his right to occupy the sir land, and thus no application under Section 50 of the Central Provinces Tenancy Act was necessary. The Court ruled that the lands coming into the appellant's possession were an accession to the mortgage, entitling the mortgagees to a share in those lands, irrespective of their mention in the plaint of the mortgage suit.