Supreme Court of India · 2001-03-01
Hriday Narain Choudhary vs Shyam Kishore Singh And Ors.
- Citation / case number
- AIR 2002 SUPREME COURT 2526
- Court
- Supreme Court of India
- Petitioner
- Hriday Narain Choudhary
- Respondent
- Shyam Kishore Singh And Ors.
- Bench
- D.P. Mohapatra, Doraiswamy Raju
Judgment text excerpt
The Supreme Court interpreted the Bihar Money Lenders Act, 1974, specifically Section 12, in the context of a notification issued under Section 3 that exempted certain mortgagees from its provisions. The Court held that the appellant, as a mortgagee holding less than 5 acres, was entitled to retain possession of the mortgaged property until the mortgagors repaid the loan, thereby ruling that the automatic redemption of the mortgage after seven years did not apply to him. The outcome favored the appellant, affirming his right to possession based on the exemption provided in the notification.