Supreme Court of India · 1999-11-29
ISHWAR DASS JAIN (DEAD) THROUGH LRS. vs SOHAN LAL (DEAD) THROUGH LRS.
- Citation / case number
- SC 1987/68148
- Court
- Supreme Court of India
- Petitioner
- ISHWAR DASS JAIN (DEAD) THROUGH LRS.
- Respondent
- SOHAN LAL (DEAD) THROUGH LRS.
- Author
- JAGANNADHA RAO
- Bench
- M.B.SHAH M.JAGANNADHA RAO
Judgment text excerpt
The Supreme Court held that the relationship between the parties was that of mortgagor and mortgagee, despite the defendant's claim of a landlord-tenant relationship. The Court emphasized that the registered usufructory mortgage deed dated 15.4.1969 was valid and enforceable, and the plaintiff was entitled to redeem the mortgage and recover possession. The judgment of the lower courts was set aside, and the plaintiff's suit for redemption was allowed, reinforcing the principle that a mortgage cannot be dismissed merely based on the financial status of the mortgagor.