Supreme Court of India · 2003-03-04
THAKUR PRASAD (DEAD) THROUGH LRS. vs RAJ KARAN(DEAD) BY LRS..
- Citation / case number
- SC 1984/65144
- Court
- Supreme Court of India
- Petitioner
- THAKUR PRASAD (DEAD) THROUGH LRS.
- Respondent
- RAJ KARAN(DEAD) BY LRS..
- Author
- SYED SHAH MOHAMMED QUADRI
- Bench
- ARIJIT PASAYAT SYED SHAH MOHAMMED QUADRI
Judgment text excerpt
The Supreme Court addressed the rights of mortgagors and mortgagees under the U.P. Zamindari Abolition and Land Reforms Act, specifically interpreting Section 6 and Section 14(2) of the Act. The Court held that the rights of the mortgagor were extinguished under Section 6, and they could only recover the mortgage amount as simple mortgagees, as the suit land was not held under 'Khudkasht' on the date of the mortgage. The appeals were decided in favor of the mortgagees, affirming the lower court's ruling regarding the ownership rights of the parties involved.