Supreme Court of India · 1997-03-18
POLAMMARASETTI VARANA VENKA SATYANANARAYANA vs SUDDHA APPARAO NAIDU (DEAD ) AND ORS RESPONDENT
- Citation / case number
- SC 1987/71112
- Court
- Supreme Court of India
- Petitioner
- POLAMMARASETTI VARANA VENKA SATYANANARAYANA
- Respondent
- SUDDHA APPARAO NAIDU (DEAD ) AND ORS RESPONDENT
- Author
- G.T. NANAVATI G.N. RAY
- Bench
- G.T. NANAVATI G.N. RAY
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's appeal regarding the redemption of a usufructuary mortgage under the deed dated December 11, 1946. The Court established that the mere execution of a usufructuary mortgage does not automatically terminate the lessee's rights unless there is clear evidence of surrender or termination of the leasehold interest. The Court affirmed that the plaintiff is entitled to possession upon redemption only if the lessee's rights have been duly extinguished, which was not proven in this case.