GOVARDHAN DASS & 8 ORS. vs SMT. SITABAI

The Supreme Court held that under the Central Provinces and Berar Tenancy Act, 1883, the mortgagors retained their occupancy rights despite the execution of usufructuary mortgages. The Court clarified that the mere mention of 'sir' land in the mortgage did not transfer proprietary rights, and the mortgagors must have become ex-proprietary occupancy tenants by 1895. The appellants' claims to possession based on the mortgages were rejected as the necessary permissions for transfer under Sections 12, 49, and 50 were not obtained, rendering the transfers void.