Sunita Jugalkishore Gilda vs Ramanlal Udhoji Tanna (Dead)Thr.Lrs ...

The Supreme Court addressed the issue of whether a mortgagor can lease mortgaged property to a tenant, violating Section 52 of the Transfer of Property Act, 1882, which prohibits acts that may prejudice the mortgagee during the pendency of litigation. The Court held that such actions by the mortgagor are impermissible as they undermine the rights of the mortgagee. Consequently, the Court ruled in favor of the mortgagee, Gangabai, affirming her rights over the mortgaged property and the rental income derived therefrom.