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.