Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Land Reforms Act 1963: · s.4A - O.A. by appellant claiming himself entitled to get purchase certificate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala Land Reforms Act, 1963: s.4A - O.A. by appellant claiming himself entitled to get purchase certificate, as a deemed tenant - Possession of land claimed by appellant through mortgage-deed executed in favour of his deceased mother - Mortgage deed stated to have been executed as a collateral security for dowry amount - Held: The mortgage deed relied upon by appellant is not a valid mortgage deed in respect of the property covered in the said document as mortgagee at the time of execution and registration of the document was a minor, aged 15 years, and she was not represented by her natural guardian to constitute the document as valid - Concurrent finding of fact of the appellate authority that the appellant has proved his claim as a deemed tenant u/s 4A of K.L.R. Act and he is entitled to get purchase certificate in respect of the property in question is not only an erroneous finding but suffers from error in law and it has been rightly set aside by High Court by recording a finding that appellant's possession is not that of a mortgagee under the mortgage deed - It is open to parties to litigate before appropriate court with regard to ownership rights of the property under the relevant provisions of law - Contract Act, · 1872 - s.11.Mortgage:Mortgage in the name of a minor - Held: An agreement to become a contract, the parties must be competent to contract; wherein age of majority is a condition for competency - A deed of mortgage is a contract and it cannot be held that a mortgage in the name of a minor is valid, simply because it is in the interests of the minor, unless she is represented by her natural guardian or guardian appointed by the court - Therefore, the mortgage deed is void ab initio in law and appellant cannot claim any rights under it- Contract Act, 1872 - s.11.Mortgage - Deed of mortgage executed as a collateral security for dowry amount - Held: From recitals of mortgage deed it is evident that it is a simple mortgage and not usufructuary mortgage - Merely the fact that mortgagee happened to be in possession of mortgaged property will not make it sufficient to rule that he/she was a mortgagee in possession under the deed - Further, there is no recital in the deed indicating delivery of possession of the land to the mortgagee - Transfer of Property Act, 1882 - s. 53(b) and (d) . |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 326 |
Petitioner | Mathai Mathai |
Respondent | Joseph Mary @ Marykkutiy Joseph & Ors. |
SCR | [2014] 5 S.C.R. 621 |
Judgement Date | 2014-04-25 |
Case Number | 4479 |
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