SARASWATI AND ORS. versus LACHANNA (DEAD) THROUGH LRS.

SARASWATI AND ORS. versus LACHANNA (DEAD) THROUGH LRS.

Section 99 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 does not bar the jurisdiction of the civil courts in suits for redemption of usufructuary mortgages, as the Act does not create the relevant rights nor provide a specific forum for such matters. The provisions of the repealed Prevention of Agricultural Land Alienation Act are only saved to the extent of accrued rights and do not oust the jurisdiction of the civil court for the present matter.

Parties
Appellants/defendants: Saraswati and Ors.; Respondent/plaintiff: Lachanna (dead) through LRs
Jurisdiction
India
Judgment Date
08 December 1993
Procedural Posture
Civil Appeal No. 1758 of 1980 / Supreme Court Appeal From Andhra Pradesh High Court Judgment in S.a. No. 314 of 1977
Outcome
Appeal dismissed
Legal Topics
Redemption of Mortgage, Jurisdiction of Civil Courts, Bar of Jurisdiction, Tenancy and Agricultural Land Legislation
Civil Law Property Law Tenancy Law Redemption of Mortgage Jurisdiction of Civil Courts Bar of Jurisdiction Tenancy and Agricultural Land Legislation

Case Brief

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Parties

Saraswati and Ors.

Appellants/defendants

Lachanna (dead) through LRs

Respondent/plaintiff

Procedural Posture

Civil Appeal No. 1758 of 1980 / Supreme Court Appeal From Andhra Pradesh High Court Judgment in S.a. No. 314 of 1977

Legal Issues

  1. 1 Whether Section 99 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 bars the jurisdiction of the civil court in suits for redemption of mortgages.
  2. 2 Whether after the repeal of the Prevention of Agricultural Land Alienation Act, 1349-F, the right to redeem and the remedy persist, and if so, before which forum.

Ratio Decidendi

Section 99 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 does not bar the jurisdiction of the civil courts in suits for redemption of usufructuary mortgages, as the Act does not create the relevant rights nor provide a specific forum for such matters. The provisions of the repealed Prevention of Agricultural Land Alienation Act are only saved to the extent of accrued rights and do not oust the jurisdiction of the civil court for the present matter.

Court Disposition

Appeal dismissed

Orders

  • Suit for redemption of mortgage maintainable in civil court.
  • No order as to costs.