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february 1996

Supreme Court of India · 1996-02-13

A. ARMUGAM CHETTIYAR vs LOKNAYAKAMMA

Citation / case number
SC 1994/9665
Court
Supreme Court of India
Petitioner
A. ARMUGAM CHETTIYAR
Respondent
LOKNAYAKAMMA
Author
KULDIP SINGH
Bench
KULDIP SINGH

Judgment text excerpt

The Supreme Court upheld the concurrent findings of the trial court and High Court that the mortgage deed executed on April 28, 1977, resulted in an implied surrender of the appellant's tenancy rights. The Court referenced established principles from prior judgments, including Shah Mathuradas Maganlal & Co. Vs. Nagappa Shankarappa Malaga & Ors. (AIR 1976 1565) and Gambangi Appalaswamy Naidu & Ors. Vs. Bhra Venkataramanayya Patra (AIR 1984 SC 1728), affirming that the appellant was only a mortgagee post-mortgage. The appeal was dismissed without costs.

A. ARMUGAM CHETTIYAR vs LOKNAYAKAMMA · Niyam