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may 1965

Supreme Court of India · 1965-05-05

KUMAR HARISH CHANDRA SINGH DAS & ORS. vs BANSIDHAR MOHANTY AND ORS.

Citation / case number
SC 1963/237
Court
Supreme Court of India
Petitioner
KUMAR HARISH CHANDRA SINGH DAS & ORS.
Respondent
BANSIDHAR MOHANTY AND ORS.
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that under the Transfer of Property Act, 1882, a person who lends money can validly attest a mortgage deed even if they are not a party to it, as long as they are involved in the transaction. The Court clarified that the actual lender is entitled to sue on the mortgage, distinguishing between the rights of a benamidar and the beneficial owner. The appeal was dismissed, affirming the High Court's decree in favor of the lender.

KUMAR HARISH CHANDRA SINGH DAS & ORS. vs BANSIDHAR MOHANTY AND ORS. · Niyam