Supreme Court of India · 1966-02-28
PRABHU vs RAMDEV & ORS.
- Citation / case number
- SC 1963/170
- Court
- Supreme Court of India
- Petitioner
- PRABHU
- Respondent
- RAMDEV & ORS.
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that under Section 76(e) of the Transfer of Property Act, a mortgagee cannot create an interest in the mortgaged property that extends beyond the termination of the mortgage. However, the Court found that the respondents, who were inducted as tenants by the mortgagee, gained rights under Section 15 of the Rajasthan Tenancy Act, 1955, which made them Khatedars entitled to protection under Section 161 of that Act. Consequently, the Court upheld the decision of the Board of Revenue, affirming that the respondents could not be ejected without following the statutory provisions, leading to the dismissal of the appellant's appeal for possession.