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.