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.