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december 1968

Supreme Court of India · 1968-12-03

K. MANICKCHAND & ORS. vs ELIAS SALEH MOHAMED SAIT & ANR.

Citation / case number
SC 1965/272
Court
Supreme Court of India
Petitioner
K. MANICKCHAND & ORS.
Respondent
ELIAS SALEH MOHAMED SAIT & ANR.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court addressed the applicability of Sections 60, 76, 77, and 83 of the Transfer of Property Act, 1882, in a case involving a usufructuary mortgage. The Court held that the unconditional tender of mortgage money does not estop the mortgagor from filing a suit for accounts, as the mortgagor's right to seek accounting under Section 76 is not negated by Section 77. The Court affirmed the High Court's decision that the mortgagor was entitled to seek an account of the mortgagee's administration of the property.

K. MANICKCHAND & ORS. vs ELIAS SALEH MOHAMED SAIT & ANR. · Niyam