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april 1968

Supreme Court of India · 1968-04-11

DHANKI MAHAJAN vs RANA CHANDUBHA WAKHATSING & ORS.

Citation / case number
SC 1965/105
Court
Supreme Court of India
Petitioner
DHANKI MAHAJAN
Respondent
RANA CHANDUBHA WAKHATSING & ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that under Section 2(6)(i) of the Saurashtra Agricultural Debtors’ Relief Act, a person with a liability exceeding Rs. 25,000 cannot be classified as a 'debtor'. The Court reaffirmed that each mortgagor in a joint usufructuary mortgage is liable for the entire debt, and thus the respondents were not entitled to relief under the Act. The High Court's decision to treat them as debtors was erroneous, and the appeal was allowed.

DHANKI MAHAJAN vs RANA CHANDUBHA WAKHATSING & ORS. · Niyam