SHEODHYAN SINGH AND OTHERS versus MUSAMMAT SANICHARA KUER AND OTHERS

SHEODHYAN SINGH AND OTHERS versus MUSAMMAT SANICHARA KUER AND OTHERS

If the identity of the property sold is clearly established by factors such as khata number, area, and boundaries, then a mistaken plot number in the final decree and sale certificate amounts to mere misdescription and does not vitiate the sale or the respondent's title. Further, subrogation cannot be claimed by a mortgagor or his privy in favour of a second mortgagee unless the mortgage deed explicitly provides for such subrogation or money is left for redemption of the earlier mortgage.

Parties
Appellants: Sheodhyan Singh and Others; Respondents: Musammat Sanichara Kuer and Others
Jurisdiction
India
Judgment Date
04 May 1961
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated October 10, 1955, of the Patna High Court, Appeal From Original Decree No. 483 of 1947
Outcome
Appeal dismissed with costs.
Legal Topics
Misdescription in Judicial Sales, Subrogation of Mortgagees, Final Decree and Sale Certificate, Identity of Property in Civil Suits
Property Law Civil Procedure Misdescription in Judicial Sales Subrogation of Mortgagees Final Decree and Sale Certificate Identity of Property in Civil Suits

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Parties

Sheodhyan Singh and Others

Appellants

Musammat Sanichara Kuer and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated October 10, 1955, of the Patna High Court, Appeal From Original Decree No. 483 of 1947

Legal Issues

  1. 1 Whether the mistaken plot number in the final decree and sale certificate (160 instead of 1060) amounts to mere misdescription or affects the identity of property
  2. 2 Whether subrogation can be claimed by the second mortgagees when the mortgage deed does not mention redemption of the earlier mortgage nor leaves money for such redemption

Ratio Decidendi

If the identity of the property sold is clearly established by factors such as khata number, area, and boundaries, then a mistaken plot number in the final decree and sale certificate amounts to mere misdescription and does not vitiate the sale or the respondent's title. Further, subrogation cannot be claimed by a mortgagor or his privy in favour of a second mortgagee unless the mortgage deed explicitly provides for such subrogation or money is left for redemption of the earlier mortgage.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.