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march 1981

Supreme Court of India · 1981-03-10

DEV RAJ DOGRA AND ORS. vs GYAN CHAND JAIN AND ORS.

Citation / case number
SC 1979/62901
Court
Supreme Court of India
Petitioner
DEV RAJ DOGRA AND ORS.
Respondent
GYAN CHAND JAIN AND ORS.
Author
AMARENDRA NATH SEN
Bench
AMARENDRA NATH SEN

Judgment text excerpt

The Supreme Court held that tenancies created after the institution of a suit and compromise decree do not affect the rights of an auction purchaser under Section 52 of the Transfer of Property Act. The Court affirmed the High Court's decision to grant physical possession to the auction purchaser, emphasizing that the mortgagee's right to sell the property is valid and enforceable despite subsequent leases. The appeal by the tenants was dismissed, upholding the principle that subsequent interests cannot defeat the rights of a purchaser at a court auction.

DEV RAJ DOGRA AND ORS. vs GYAN CHAND JAIN AND ORS. · Niyam