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march 1987

Supreme Court of India · 1987-03-06

RAM ADHAR SINGH (DEAD) THROUGH LRS. & ORS. vs BANSI (DEAD) THROUGH LRS. & ORS.

Citation / case number
SC 1974/60475
Court
Supreme Court of India
Petitioner
RAM ADHAR SINGH (DEAD) THROUGH LRS. & ORS.
Respondent
BANSI (DEAD) THROUGH LRS. & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court upheld the validity of Section 21(1)(d) of the U.P. Zamindari Abolition and Land Reforms Act, 1951, stating that a usufructuary mortgage by an occupancy tenant is invalid in law, affirming that the mortgagee's rights are limited to retaining possession until the mortgage debt is repaid. The Court clarified that the Recovery of Rents (Bengal) Act, 1859 does not permit such mortgages, and the occupancy rights are not transferable. The appeal was dismissed, reinforcing the established legal principle that such transactions do not confer valid rights to the mortgagee.

RAM ADHAR SINGH (DEAD) THROUGH LRS. & ORS. vs BANSI (DEAD) THROUGH LRS. & ORS. · Niyam