Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U. P. Zamindari Abolition and Land Reforms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | U.p. Debt Redemption Act, 1940 (13 of 1940) Bengal Rents Act, 1859 (10 of 1859) U.p. Zamidari Abolition and Land Reforms Act, 1950 (1 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U. P. Zamindari Abolition and Land Reforms Act, 1951-Section 21(1)(d)-Usufructuary mortgage by an occupancy tenant-Not valid in eye of law-Mortgagee entitled to retain possession only till repayment of mortgage debt.Recovery of Rents (Bengal) Act, 1859-Section 6---Usufructuary mortage of occupancy holding-Impermissible. U.P. Debt Redemption Act, 1940--All usufructuary mortgages became self-liquidating mortgages. The first respondent's suit under Section 202 of the U.P. Zamindari Abolition and Land Reforms Act, 1951 for possessing on payment of the mortgage money and ejectment of the appellants under Section 21(1)(d) of the Act was resisted on the ground that the right of redemption stood extinguished in the year 1929 as the usufructuary mortgage which was executed when the Recovery of Rents (Bengal), Act, 1859 was in force, was a valid one and the mortgagors, the predecessors in interest of the respondent had lost all their rights titles and. interest in the land. The Judicial Officer dismissed the suit . On appeal, the Additional Commissioner decreed the first respondent-plaintiff's suit holding that the usufructuary mortgage of occupancy rights was valid only in a qualified sense in that the appellants were entitled to retain possession until the mortgage debt was paid and that no tenancy law right from the Recovery of Rents (Bengal) Act, 1859 to U .P. Tenancy Act, 1939 ever made the occupancy rights transferable. The appeal to the Board of Revenue having been dismissed, the appellants moved the High Court under Article 226 and a Single Judge of the High Court dismissed the writ petition and upheld the order of the Board of Revenue.On appeal, the Division Bench held that the transaction of the present kind was not a mortgage properly so-called hut yet was a mortgage within the meaning of Section 21(1)(d) of the Act. In appeal to this Court, challenging the correctness of the view of the High Court, it was contended that both the Board of Revenue as well as the High Court failed to appreciate that the usufructuary mortgage in question was executed at a time when the Recovery of Rents (Bengal) Act, 1859 was in force, and that a usufructuary mortgage was valid under Section 6 of the Act. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1987 INSC 74 |
Petitioner | Ram Adhar Singh (dead) Through Lrs. & Ors. |
Respondent | Bansi (dead) Through Lrs. & Ors. |
SCR | [1987] 2 S.C.R. 595 |
Judgement Date | 1987-03-06 |
Case Number | 188 |
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