NARAYAN VISHNU HENDRE AND ORS. vs BABURAO SAVALARAM KOTHAWALESINCE DECEASED BY HIS HEIRANANT

The Supreme Court addressed the issue of implied surrender of tenancy in the context of a mortgage transaction under the Transfer of Property Act. It held that the appellants-defendants did not surrender their tenancy rights when the mortgage was executed, as the original transaction was not a sale but a conditional mortgage. The Court ruled that the respondent-plaintiff's claim for redemption was barred by limitation, affirming the lower court's decision that the right to recover possession had lapsed due to non-payment within the stipulated period.