Supreme Court of India · 1985-07-17
JYASING DNYANU MHOPREKAR & ANR. vs KRISHNA BABAJI PATIL & ANR.
- Citation / case number
- SC 1971/60331
- Court
- Supreme Court of India
- Petitioner
- JYASING DNYANU MHOPREKAR & ANR.
- Respondent
- KRISHNA BABAJI PATIL & ANR.
- Bench
- VENKATARAMIAH, E.S. (J)
Judgment text excerpt
The Supreme Court examined the implications of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, specifically Sections 3(4), 4-A, and 8, in relation to the extinguishment of the right to redeem a mortgage. The Court held that the mortgagees' right to redeem was extinguished due to the Act, which transferred ownership of the lands to the State and subsequently to the mortgagees in possession. The decision affirmed the lower court's ruling that the entire land should be granted to the appellants as they were in physical possession, thereby upholding the extinguishment of the mortgage rights of the respondents.