SURENDRA KUMAR vs NATHULAL

The Supreme Court addressed the issue of the validity of a gift deed executed by Smt. Chand Bai in favor of Surendra Kumar while a mortgage dispute was pending. The Court held that the plaintiff had the right to file the suit for redemption of the mortgage under the relevant provisions of the Transfer of Property Act. The Court further affirmed the trial court's decision that the gift deed was not collusive and upheld the plaintiff's entitlement to possession of the property upon payment of the mortgage amount, thereby reversing the dismissal by the District Judge.