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march 1963

Supreme Court of India · 1963-03-13

NAUNIHAL KISHAN AND OTHERS vs R. S. CH. PRATAP SINGH AND ANOTHER

Citation / case number
SC 1960/220
Court
Supreme Court of India
Petitioner
NAUNIHAL KISHAN AND OTHERS
Respondent
R. S. CH. PRATAP SINGH AND ANOTHER
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that under Section 2(6) and Section 16(4) of the Displaced Persons (Debts Adjustment) Act, 1951, a usufructuary mortgage qualifies as a debt, allowing for its scaling down irrespective of the nature of the mortgage. The Court ruled that the mortgagor is considered a debtor, and the tribunal has jurisdiction to adjust the mortgage debt without requiring a suit for redemption. The appeal was dismissed, affirming the scaling down of the mortgage debt as valid under the Act.

NAUNIHAL KISHAN AND OTHERS vs R. S. CH. PRATAP SINGH AND ANOTHER · Niyam