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october 2014

Supreme Court of India · 2014-10-14

Thakar Singh (D) By Lrs. & Anr vs Mula Singh(Dead) Thr.Lr. & Ors

Citation / case number
AIR 2015 SC (CIV) 169
Court
Supreme Court of India
Petitioner
Thakar Singh (D) By Lrs. & Anr
Respondent
Mula Singh(Dead) Thr.Lr. & Ors
Author
R.F. Nariman
Bench
R.F. Nariman, Dipak Misra

Judgment text excerpt

The Supreme Court addressed the issue of whether a suit for possession is barred under the Rent Restrictions Act following the redemption of a mortgage. It held that the mortgagor's recognition of the mortgagee's tenants in the mortgage deed implies that their tenancies continue even after redemption, thus the suit for possession is not maintainable. The Court affirmed the lower courts' decisions, emphasizing the importance of the terms of the mortgage deed in determining the rights of the parties involved.

Thakar Singh (D) By Lrs. & Anr vs Mula Singh(Dead) Thr.Lr. & Ors · Niyam