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march 1989

Supreme Court of India · 1989-03-09

CARONA SHOE CO. LTD. AND ANR. vs K.C. BHASKARAN NAIR

Citation / case number
SC 1987/70940
Court
Supreme Court of India
Petitioner
CARONA SHOE CO. LTD. AND ANR.
Respondent
K.C. BHASKARAN NAIR
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that tenants inducted into possession by a mortgagee are not entitled to continue in possession after the redemption of the mortgage, as per Sections 2(3), 2(6), and 11(a) of the Kerala Buildings (Lease and Rent Control) Act, 1961. The Court clarified that upon redemption, the mortgagor regains his rights, and any interest created by the mortgagee ceases. The appeal by the tenants was dismissed, but execution of the eviction decree was stayed until October 31, 1989, contingent upon their undertaking to vacate by that date.

CARONA SHOE CO. LTD. AND ANR. vs K.C. BHASKARAN NAIR · Niyam