Supreme Court of India · 2019-04-04
Atul Chandra Das(D) Tr.Lrs. vs Rabindra Nath ...
- Citation / case number
- AIRONLINE 2019 SC 2490
- Court
- Supreme Court of India
- Petitioner
- Atul Chandra Das(D) Tr.Lrs.
- Respondent
- Rabindra Nath ...
- Author
- K.M. Joseph
- Bench
- K.M. Joseph, Ashok Bhushan
Judgment text excerpt
The Supreme Court upheld the dismissal of appeals by the legal representatives of Atul Chandra Das against the Calcutta High Court's judgment, which confirmed the concurrent findings of lower courts regarding the ownership and tenancy of the plaint schedule property. The Court emphasized that the agreement for sale dated 15.8.1960 was deemed collusive and fraudulent, as it was executed before the expiration of the mortgage redemption period. The Court affirmed that the defendants, as heirs of the original mortgagors, retained rights over the property, thus denying the eviction sought by Atul Chandra Das.