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may 2001

Supreme Court of India · 2001-05-02

Surendra Kumar vs Nathulal & Anr

Citation / case number
AIR 2001 SUPREME COURT 2040
Court
Supreme Court of India
Petitioner
Surendra Kumar
Respondent
Nathulal & Anr
Author
D.P.Mohapatra
Bench
D.P. Mohapatra, Brijesh Kumar

Judgment text excerpt

The Supreme Court addressed the issue of mortgage redemption under the Transfer of Property Act, holding that the appellant, Surendra Kumar, had the right to redeem the mortgage as per Section 60 of the Act. The Court emphasized that the gift deed executed by Smt. Chand Bai in favor of the appellant was valid and not collusive, thus entitling him to possession of the property upon payment of the mortgage amount. The Court set aside the lower court's dismissal of the appellant's suit, allowing the appeal and restoring the trial court's decree.

Surendra Kumar vs Nathulal & Anr · Niyam