Supreme Court of India
A.Arumugam Chettiyar vs Smt.Lokanayakamma & Anr on 13 February, 1996
Equivalent citations: JT 1996 (5), 568 1996 SCALE (2)910, AIR 1997 SUPREME COURT 280, 1997 AIR SCW 27, (1996) 2 LANDLR 336, (1996) 2 RENCR 659, (1996) 1 RENTLR 740, 1996 (8) SCC 97, (1996) 2 SCR 610 (SC), (1997) 3 ALLMR 26 (SC), (1996) 3 ICC 19, 1996 BOMRC 603, 1997 ALL CJ 2 1051(2), (1997) 1 BANKCAS 51, (1996) 2 MAD LW 330, (1997) 2 RENCJ 52, 1997 SCFBRC 214, (1996) 5 JT 568 (SC), (1996) 2 CTC 660 (MAD)
Author: Kuldip Singh
Bench: Kuldip Singh
PETITIONER: A.ARUMUGAM CHETTIYAR. Vs. RESPONDENT: SMT.LOKANAYAKAMMA & ANR. DATE OF JUDGMENT: 13/02/1996 BENCH: KULDIP SINGH (J) BENCH: KULDIP SINGH (J) AHMAD SAGHIR S. (J) CITATION: JT 1996 (5) 568 1996 SCALE (2)910 ACT: HEADNOTE: JUDGMENT:
O R D E R The appellant was put in possession of the house in dispute as a tenant in the year 1971. The landlord mortgage the house with the tenant by a deed dated April 28, 1977. The question before the High court was whether the mortgage
- deed resulted in an implied surrender of the appellant's right in the house as a tenant. The trial Court and the High Court have concurrently found that the terms of the mortgage-deed conclusively show that there was implied surrender of the tenant's rights. On the said findings the Courts below have directed the eviction of the appellant.
It is not necessary for us to go into the question in detail as the principles have been authoritatively settled by this Court in Shah Mathuradas Maganlal & Co. Vs. Nagappa Shankarappa Malaga & Ors. (AIR 1976 1565), Gambangi Appalaswamy Naidu & Ors. Vs. Bhra Venkataramanayya Patra (AIR 1984 SC 1728), Nand Lal & Ors. Vs Sukh Dev & Anr. Supp. SCC 87) and in Nemichand Vs. Onkar Lal (AIR 1991 SC 2046), The High Court on the basis of the law laid down by this Court in the above mentioned judgments has come to the conclusion that the deed of mortgage in the present case indicates that there was surrender of tenancy and the appellant was only a mortgagee. We do not see any ground to interfere with the concurrent findings reached by the Courts below.
The Appeal is dismissed. No costs.