Supreme Court of India
Swarajyalaxmi and Ors. v. Authorised Officer, Land Reforms, Medak and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
The appeal has no merits and is dismissed accordingly with costs.
Judgment, Last paragraph, p. 588
From the headnote
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973—Section 23—Exemption for surplus land—Entitlement of—Land mortgaged in favour of Bank—Subsequent passing of Ceiling Act—Tribunal holding surplus land liable to be surrendered to the Government—Appellate Tribunal holding land exempt from the Act—Justification of—Held: Bank is only a simple mortgagee having no possession over the land—Bank not acquiring title over the land pursuant to recovery of the mortgaged debt due to the bank—Thus, Bank has no saleable interest over the lands—Hence declarants not entitled to exemption for the surplus land under Section 23(f).
Authorities it was built on
Where later benches applied it
Of those, 1 not applicable
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