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december 1995

Supreme Court of India · 1995-12-13

VISHWANATH (DEAD) BY LR. vs CHANDRA BHAN & ORS.

Citation / case number
SC 1978/90387
Court
Supreme Court of India
Petitioner
VISHWANATH (DEAD) BY LR.
Respondent
CHANDRA BHAN & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the mortgage executed by Hanuman Singh on behalf of Gulab Singh was void as he was neither a natural nor a property guardian under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The Court ruled that the respondent's claims of adverse possession and status as an 'asami' were rejected, affirming that the mortgage was extinguished by the Act. Consequently, the Court determined that the appellant was not required to file a suit for redemption of the mortgage, thus allowing the appeal and reinstating the orders of the lower tribunals for ejectment under Section 209 of the Act.

VISHWANATH (DEAD) BY LR. vs CHANDRA BHAN & ORS. · Niyam