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march 2003

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.

THAKUR PRASAD (DEAD) THROUGH LRS. vs RAJ KARAN(DEAD) BY LRS.. · Niyam