Supreme Court of India · 1992-11-13
VARIAVAN SARASWATHI AND ANR. vs EACHAMPI THEVI AND ORS.
- Citation / case number
- SC 1983/66074
- Court
- Supreme Court of India
- Petitioner
- VARIAVAN SARASWATHI AND ANR.
- Respondent
- EACHAMPI THEVI AND ORS.
- Author
- ] [R.M. SAHAI AND B.P. JEEVAN REDDY
- Bench
- JJ.] [R.M. SAHAI AND B.P. JEEVAN REDDY
Judgment text excerpt
The Supreme Court held that a junior member of a Tarwad who redeemed a mortgage cannot be deemed a mortgagee under Section 4A(1)(a) of the Kerala Land Reforms Act, 1964, as the relationship of mortgagor and mortgagee ceases once the mortgage debt is discharged. The Court clarified that the status of a person paying off a debt does not create a mortgage relationship, and thus, the junior members did not acquire tenant rights under the Act. The High Court's ruling was overturned, affirming that the junior members' actions did not affect the legal operation of the law regarding mortgage rights.