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october 2001

Supreme Court of India · 2001-10-19

BANSILAL vs MOHAMMAD ISRAIL .

Citation / case number
SC 1991/64517
Court
Supreme Court of India
Petitioner
BANSILAL
Respondent
MOHAMMAD ISRAIL .
Author
K.G. BALAKRISHNAN D.P. MOHAPATRA
Bench
K.G. BALAKRISHNAN D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 13(3) of the Central Provinces and Berar Relief of Indebtedness Act, 1939, holding that a certificate issued under this section does not operate as a final decree for foreclosure but rather as a decree for recovery of money. The Court affirmed the Bombay High Court's decision which ruled that the creditors were entitled to recover the mortgage dues in a lump-sum rather than take possession of the mortgaged property. The judgment clarified the legal standing of certificates issued under the Act in relation to mortgage recovery proceedings.

BANSILAL vs MOHAMMAD ISRAIL . · Niyam