HANUMANT KUMAR TELESARA versus MOHAN LAL

HANUMANT KUMAR TELESARA versus MOHAN LAL

The lease made by the mortgagee during the subsistence of the mortgage came to an end upon redemption. Such a lease is not a prudent act of management under Section 76(a) of the Transfer of Property Act according to the concurrent findings of the lower courts. The tenant of the mortgagee in possession is not entitled to protection of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, against the mortgagor after redemption.

Parties
Appellant: Hanumant Kumar Telesara; Respondent: Mohan Lal
Jurisdiction
India
Judgment Date
01 December 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Order
Outcome
appeal dismissed
Legal Topics
Rights of Tenant Under Mortgage, Redemption of Mortgage, Prudent Management by Mortgagee, Application of Rent Control Act After Redemption
Property Law Tenancy Law Mortgage Law Rights of Tenant Under Mortgage Redemption of Mortgage Prudent Management by Mortgagee Application of Rent Control Act After Redemption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Hanumant Kumar Telesara

Appellant

Mohan Lal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Order

Legal Issues

  1. 1 Whether a tenant of a mortgagee can continue as a tenant after redemption of the mortgage until eviction under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.
  2. 2 Whether the tenancy created in favour of the appellant was an act of ordinary prudence under Section 76(a) of the Transfer of Property Act.

Ratio Decidendi

The lease made by the mortgagee during the subsistence of the mortgage came to an end upon redemption. Such a lease is not a prudent act of management under Section 76(a) of the Transfer of Property Act according to the concurrent findings of the lower courts. The tenant of the mortgagee in possession is not entitled to protection of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, against the mortgagor after redemption.

Court Disposition

appeal dismissed

Orders

  • Judgment and order of the High Court affirmed
  • No order as to costs