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.