Supreme Court of India
Sunita Jugalkishore Gilda v. Ramanlal Udhoji Tanna (dead) Thr. Lrs. and Others
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
We are of the view that the courts below have not appreciated the various legal issues and committed an error in non-suiting the appellant.
Judgment, page 12
From the headnote
Transfer of Property Act, 1882 - s. 52 - Mortgagor inducting tenant in a mortgaged property, to the prejudice of the mortgagee, pendente lite - Permissibility - On facts, mortgagor (respondent no.2 & 3) inducted respondent no.1 as a tenant without consent of the mortgagee (appellant) - Induction of respondent no.1-tenant was during subsistence of the mortgage and a/so subsistence of various legal proceedings pending before various courts between the mortgagor and the mortgagee - Suit of appellant-mortgagee against respondents for recovery of possession, and damages for use and occupation -
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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