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.