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august 1967

Supreme Court of India · 1967-08-31

ANANDRAM JIVRAJ GAGLE vs PREMRAJ MUKANDAS & ORS.

Citation / case number
SC 1965/187
Court
Supreme Court of India
Petitioner
ANANDRAM JIVRAJ GAGLE
Respondent
PREMRAJ MUKANDAS & ORS.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that the priorities in Section 76(h) of the Transfer of Property Act, 1882, are not subject to those in Section 76(d). The Court clarified that Section 76(d) obligates the mortgagee to carry out necessary repairs but does not establish payment priorities, while Section 76(h) provides a clear order for applying receipts from the mortgaged property. The appeal was dismissed, affirming that the order of application of payments must follow the sequence outlined in Section 76(h).

ANANDRAM JIVRAJ GAGLE vs PREMRAJ MUKANDAS & ORS. · Niyam