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may 2007

Supreme Court of India · 2007-05-09

TARA CHAND vs SAGARBAI @ CHAIYALIBAI

Citation / case number
SC 2006/19833
Court
Supreme Court of India
Petitioner
TARA CHAND
Respondent
SAGARBAI @ CHAIYALIBAI
Author
P.K. BALASUBRAMANYAN S.B. SINHA
Bench
P.K. BALASUBRAMANYAN S.B. SINHA

Judgment text excerpt

The Supreme Court examined the validity of a unilateral deed of usufructuary mortgage executed by the respondent in favor of the appellant under the Transfer of Property Act, 1882. The Court held that such a deed, which stipulates no interest and allows the mortgagee to occupy the property in lieu of interest, is valid and enforceable. The Court upheld the High Court's decision reversing the lower court's decree, affirming the appellant's rights under the mortgage agreement.

TARA CHAND vs SAGARBAI @ CHAIYALIBAI · Niyam