PRITHI NATH SINGH AND OTHERS versus SURAJ AHIR AND OTHERS

PRITHI NATH SINGH AND OTHERS versus SURAJ AHIR AND OTHERS

The mortgage was not subsisting on the date of vesting, having extinguished on payment of mortgage money in 1943; therefore, respondents cannot avail s.6(1)(c) of the Bihar Land Reforms (Amendment) Act, 1959.

Parties
Petitioners: Prithi Nath Singh and others; Respondents: Suraj Ahir and others
Jurisdiction
India
Judgment Date
10 December 1962
Procedural Posture
Review Petition / Supreme Court Judgment on Review
Outcome
Petition dismissed
Legal Topics
Mortgage, Usufructuary Mortgage, Redemption, Vesting of Land, Bihar Land Reforms
Property Law Land Reform Mortgage Usufructuary Mortgage Redemption Vesting of Land Bihar Land Reforms

Case Brief

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Parties

Prithi Nath Singh and others

Petitioners

Suraj Ahir and others

Respondents

Procedural Posture

Review Petition / Supreme Court Judgment on Review

Legal Issues

  1. 1 Whether a mortgage subsists after mortgage money is paid but before vesting under the Bihar Land Reforms Act
  2. 2 Whether respondents could take advantage of s.6(1)(c) of the Bihar Land Reforms (Amendment) Act, 1959

Ratio Decidendi

The mortgage was not subsisting on the date of vesting, having extinguished on payment of mortgage money in 1943; therefore, respondents cannot avail s.6(1)(c) of the Bihar Land Reforms (Amendment) Act, 1959.

Court Disposition

Petition dismissed