RAJ NARAIN PANDEY & ORS. versus SANT PRASAD TEWARI & ORS.

RAJ NARAIN PANDEY & ORS. versus SANT PRASAD TEWARI & ORS.

Successor occupancy tenants (respondents 1 to 6), having acquired occupancy and subsequently Bhumidari rights, are entitled as persons having sufficient interest to redeem the mortgage by payment of mortgage money and recover possession, under the principles established in earlier Full Bench Allahabad High Court decisions, especially given the settled view and its confirmation by the doctrine of stare decisis.

Parties
Appellants: Raj Narain Pandey & Ors.; Respondents: Sant Prasad Tewari & Ors.
Jurisdiction
India
Judgment Date
31 October 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated December 7, 1966 of the Allahabad High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Usufructuary Mortgage, Occupancy Holding, Bhumidari Rights, Limitation, Redemption Suit, Stare Decisis
Property Law Tenancy Law Usufructuary Mortgage Occupancy Holding Bhumidari Rights Limitation Redemption Suit Stare Decisis

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Parties

Raj Narain Pandey & Ors.

Appellants

Sant Prasad Tewari & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated December 7, 1966 of the Allahabad High Court

Legal Issues

  1. 1 Whether respondents were entitled to sue for possession of land on payment of the mortgage money
  2. 2 Whether the suit was barred by limitation
  3. 3 Whether respondents 1 to 6 could redeem the mortgage as successors of the original mortgagor after creation of their tenancy rights

Ratio Decidendi

Successor occupancy tenants (respondents 1 to 6), having acquired occupancy and subsequently Bhumidari rights, are entitled as persons having sufficient interest to redeem the mortgage by payment of mortgage money and recover possession, under the principles established in earlier Full Bench Allahabad High Court decisions, especially given the settled view and its confirmation by the doctrine of stare decisis.

Court Disposition

Appeal dismissed with costs.

Orders

  • Decree for possession of the land in dispute confirmed in favour of plaintiff-respondents against defendant-appellants.
  • Defendant-appellants entitled to withdraw the mortgage amount deposited by respondents.