Supreme Court of India · 1980-01-17
MEHARBANSINGH vs BHAGWANTSINGH AND OTHERS
- Citation / case number
- SC 1972/60446
- Court
- Supreme Court of India
- Petitioner
- MEHARBANSINGH
- Respondent
- BHAGWANTSINGH AND OTHERS
- Author
- P.N. SHINGAL
- Bench
- P.N. SHINGAL
Judgment text excerpt
The Supreme Court interpreted the Madhya Bharat Zamindari Abolition Act, 1951, particularly Section 4(2), which allows proprietors to retain possession of khud-kasht land recorded before the date of vesting. The Court held that while a usufructuary mortgage converts to a simple mortgage upon vesting, the mortgagor retains obligations under the mortgage. The Court affirmed the High Court's decision that plaintiffs could redeem the mortgage but were not entitled to possession of the land, as proprietary rights had vested in the State, necessitating compensation claims instead.