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.