Supreme Court of India
Harihar Prasad Singh and Another v. Must. of Munshi Nath Prasad and Others.
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What the Court ordered
In the result, we must hold that the defendants of and other. · the .second party have failed to establish that they Venkatarama have any rights of occupancy over the suit lands, and Ayyar 1. that the plaintiffs are accordingly entitled to a decree in ejectment, with future mesne profits as claimed in the plaint.
Judgment, page 18
From the headnote
Occupancy Right-If can be acquired by lessee from mortgagee Presumption of record of rights-How rebutted-Proprietor's private land-Mode of proof-Bihar Tenancy Act (VIII of 1885), ss. 5(3), 21, 108- , 120(2)-Transfer of Property Act (IV of 1882), s. 7C(a) -Evidence Act (I of 1872), a. 90. The appellants were the purchasers of the mortgagors' interests in the agricultural lands in suit and deposited the amounts due on the mortgages in court under s. 83 of the Transfer of Property Act, which were withdrawn by the representatives of the mortgagees and the 'mortgages were redeemed. They were
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