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january 1980

Supreme Court of India · 1980-01-22

ARVIND @ ABASAHEB GANESH KULKARNI & ORS. vs ANNA @ DHANPAL PARISA CHOUGULE & ORS.

Citation / case number
SC 1970/60337
Court
Supreme Court of India
Petitioner
ARVIND @ ABASAHEB GANESH KULKARNI & ORS.
Respondent
ANNA @ DHANPAL PARISA CHOUGULE & ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the sale of land by the adult son of a deceased mortgagor was valid as it was executed under legal necessity to the extent of Rs. 2600, which was the amount due under two prior mortgages. The Court found that the sale consideration of Rs. 3050 was not grossly inadequate given the circumstances, and the sale was for the benefit of the family as it relieved them from the burden of paying rent to the mortgagee. The appeal by the legal representatives of the second defendant was accepted, affirming the binding nature of the sale on the plaintiffs.

ARVIND @ ABASAHEB GANESH KULKARNI & ORS. vs ANNA @ DHANPAL PARISA CHOUGULE & ORS. · Niyam