Supreme Court of India · 2001-10-19
Bansilal & Others vs Mohammad Israil & Ors
- Citation / case number
- AIR 2001 SUPREME COURT 3878
- Court
- Supreme Court of India
- Petitioner
- Bansilal & Others
- Respondent
- Mohammad Israil & Ors
- Author
- D.P. Mohapatra
- Bench
- D.P. Mohapatra, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court examined the implications of the Central Provinces and Berar Relief of Indebtedness Act, 1939, particularly Section 13(3), regarding the nature of the certificate issued for mortgage dues. The Court held that the certificate operates as a final decree for recovery of money, not for foreclosure, thereby affirming the High Court's decision that the creditors could not claim possession of the mortgaged properties. The judgment clarified the distinction between final decrees for foreclosure and for recovery of money under the Act.