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january 1972

Supreme Court of India · 1972-01-20

BALKISHANDAS & 12 OTHERS vs STATE BANK OF HYDERABAD AND ANR.

Citation / case number
SC 1967/354
Court
Supreme Court of India
Petitioner
BALKISHANDAS & 12 OTHERS
Respondent
STATE BANK OF HYDERABAD AND ANR.
Author
P. JAGANMOHAN REDDY
Bench
P. JAGANMOHAN REDDY

Judgment text excerpt

The Supreme Court held that the debts in question were not extinguished under Section 22 of the Hyderabad Jagirdars Debt Settlement Act, 1952, as the Bank did not file an application under Section 11 before the notified date. The Court clarified that the mortgage created a fresh debt, not merely securing prior debts, thus Section 25 did not apply. Consequently, the civil court had jurisdiction to hear the case, and the decree of the trial court was upheld.

BALKISHANDAS & 12 OTHERS vs STATE BANK OF HYDERABAD AND ANR. · Niyam