Supreme Court of India
Hasthimal and Sons and Ors. v. P. Tej Raj Sharma
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.
What the Court ordered
We are of the opinion that A the respondent did not have a right to possession automatically on a suit for redemption being decreed.
Judgment, page 5
From the headnote
Transfer of Property Act, 1882: Mortgage of suit property with tenant-Mortgage deed providing c that on redemption of mortgage, mortgagee would become tenant of the mortgagor automatically as he was, prior to mortgage-Claim for possession by vendee of the mortgaged property on expiry of mortgage period-Held: Not maintainable as mortgagee is reverted as tenant- Vendee to approach appropriate forum for eviction of tenant. Pre-emption-Mortgage of property-Another agreement whereby mortgagor undertaking to give first option to purchase, to mortgagee-Held: It operates as clog on right of
Authorities it was built on
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.