Supreme Court of India · 2012-10-19
Pradeep Kumar Sharma vs U.P.F.C. Rajpur Road Dehradun & Ors
- Citation / case number
- AIRONLINE 2012 SC 729
- Court
- Supreme Court of India
- Petitioner
- Pradeep Kumar Sharma
- Respondent
- U.P.F.C. Rajpur Road Dehradun & Ors
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, P Sathasivam
Judgment text excerpt
The Supreme Court addressed the legality of the sale of mortgaged property under Section 29 of the State Financial Corporation Act, 1951, confirming that the UPFC's actions were valid despite the prior sale of the property to Vishnu Dutt Sharma. The Court held that the equitable mortgage created by the borrower was enforceable, and the subsequent sale to Sharma was subject to the mortgage. The appeal by UPFC was allowed, affirming the sale to Pradeep Kumar Sharma and dismissing Sharma's claims.