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.