SUNITA JUGALKISHORE GILDA vs RAMANLAL UDHOJI TANNA (DEAD)THR.LRS &ORS

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 such actions pending litigation. The Court held that the mortgagor's actions were impermissible as they prejudiced the mortgagee's rights. Consequently, the Court ruled in favor of the mortgagee, affirming the need to respect the legal restrictions imposed by the statute.