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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.

POLAMMARASETTI VARANA VENKA SATYANANARAYANA vs SUDDHA APPARAO NAIDU (DEAD ) AND ORS RESPONDENT · Niyam