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may 2001

Supreme Court of India · 2001-05-08

NIRMAL CHANDRA vs VIMAL CHAND

Citation / case number
SC 1987/71143
Court
Supreme Court of India
Petitioner
NIRMAL CHANDRA
Respondent
VIMAL CHAND
Author
BRIJESH KUMAR
Bench
BRIJESH KUMAR D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court addressed the issue of possession in the context of a tenant-mortgagee under Section 83 of the Transfer of Property Act. The Court held that the tenant, Vimal Chand, retained possession of the property despite the landlord's request for redemption, as the delivery of possession was deemed symbolic. The Court upheld the High Court's decision to set aside the trial court's order, confirming that the tenant's rights as a mortgagee were valid and enforceable.

NIRMAL CHANDRA vs VIMAL CHAND · Niyam