Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mortgagor inducting tenant pendente lite |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882 - s. 52 - Mortgagorinducting tenant in a mortgaged property, to the prejudice ofthe mortgagee, pendente lite - Permissibility - On facts,mortgagor (respondent no.2 & 3) inducted respondent no.1as a tenant without consent of the mortgagee (appellant) -Induction of respondent no.1-tenant was during subsistenceof the mortgage and a/so subsistence of various legalproceedings pending before various courts between themortgagor and the mortgagee - Suit of appellant-mortgageeagainst respondents for recovery of possession, anddamages for use and occupation - Held: Rule of /is pendensapplies to suit by a mortgagee as well - s.52 of the TPAprevents a mortgagor from creating any /ease during thependency of mortgaged suit so as to effect the right of amortgagee - However, in view of s. 52, if the mortgagor grantssuch a /ease during the pendency of a suit for sale by themortgagee, the lessee is bound by the result of litigation andif the property is sold in execution of the decree, the lesseecannot resist a claim for possession by auction purchaser -Tenant inducted during subsistence of the mortgage is notentitled to get protection of the Rent Act - The courts belowerred in non-suiting the appellant - Appellant entitled to getdecree, as prayed for, since respondent no. 1 was inductedillegally by respondent nos. 2 & 3 and to the prejudice ofappellant-mortgagee - Suit of appellant decreed, however,without any mesne profits - Maharashtra Rent Act. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 546 |
Petitioner | Sunita Jugalkishore Gilda |
Respondent | Ramanlal Udhoji Tanna (dead) Thr. Lrs. And Others |
SCR | [2013] 8 S.C.R. 215 |
Judgement Date | 2013-08-21 |
Case Number | 6966 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |