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Documents citing Kapildeo Narain Singh vs Deputy Collector, Land Reforms And Ors. on 6 June, 1984

Bhuneshwar Prasad Sharma vs Smt. Suryamukhi Devi And Ors. on 30 January, 1987

34. The assumption made (by necessary implication) by the legislature in enacting Section 12 of the Money Lenders Act is that by enjoying the usufruct of the mortgaged land for a period of seven years a creditor in possession must be deemed to have fully paid himself so as to wipe out the debt. If an additional burden, over and above the loan, falls on the creditor, the position may be substantially changed, and such transactions may have to be considered in the light of the special facts in each case. It is difficult to lay down a universal rule applicable to all such transactions. The case of Hari Narain Singh, 1982 PLJR 446 belongs to the third category and in view of the terms of the document, the mortgage was considered to be non-usufructuary. If the position is analysed in the light of what I have said above, it will appear that there is no conflict between Hari Narain Singh's case and Kapildeo Narain Singh's case.
Patna High Court Cites 27 - Cited by 3 - L M Sharma - Full Document

Sk. Abdul Sattar vs Sitaram Sah And Anr. on 21 May, 1987

W hife reference was made to another Division Bench decision in the case of Kapildeo Narain Singh v. Deputy Collector, Land Reforms, 1985 BBCJ (HC) 119 : (AIR 1985 Patna 183), it has been made clear therein that the provision of automatic redemption applies to all cases of mortgage where the creditors are put in possession for appropriating the income of the property in lieu of the debt. The recital regarding payment of consideration by the mortgagor is made by all debtors including a usufructuary mortgagor. It has further been held that the Statute must be interpreted, if that is permissible by its language, in a manner which will uphold its validity. The money-lender lost in that case. So is he going to lose this case also.
Patna High Court Cites 11 - Cited by 0 - Full Document

Surendra Prasad vs Member, Board Of Revenue, Bihar, Patna ... on 13 July, 1994

In another judgment of this Court in the case of Kapildeo Narayan Singh v. Deputy Collector Land Reforms reported in 1985 BLJ 119 : (AIR 1985 Patna 183), the learned Judges of the Division Bench after considering the meaning of the word 'usufruct' as appearing in various dictionaries, came to the following conclusion about Section 12 of the said Act at page 186, of AIR.
Patna High Court Cites 9 - Cited by 1 - A K Ganguly - Full Document
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