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march 2008

Supreme Court of India · 2008-03-13

Chandrakant Shankarrao Machale vs Parubai Bhairu Mohite

Citation / case number
AIR 2008 SUPREME COURT 3255
Court
Supreme Court of India
Petitioner
Chandrakant Shankarrao Machale
Respondent
Parubai Bhairu Mohite
Author
S.B. Sinha
Bench
S.B. Sinha, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court held that the appellant's claim of tenancy rights over the mortgaged property was not substantiated, as the trial court found no evidence of a lease agreement. The court emphasized that the mortgage deed executed on 1.3.1983 under Section 58 of the Transfer of Property Act, 1882, clearly stipulated the terms of the mortgage and the reversion of property after seven years. The court upheld the trial court's decision allowing the respondents to redeem the mortgage, thereby affirming their right to possession of the property.

Chandrakant Shankarrao Machale vs Parubai Bhairu Mohite · Niyam