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1 - 10 of 21 (0.63 seconds)The Delhi Rent Control Act, 1958
The Transfer Of Property Act, 1882
Section 50 in The Delhi Rent Control Act, 1958 [Entire Act]
All India Film Corporation Ltd. & Ors vs Shri Raja Gyan Nath And Ors on 26 September, 1969
79) titled as All India Films Corporations V. Raja Gian Nath "That
the interests of the mortgagor and mortgagee united in the
person of the purchaser and the mortgage ceased to subsist. In
this view of the matter the purchaser, speaking in his character as
a mortgagor, could claim that the mortgagee's action came to an
end and there did not subsist any relationship between him and
the tenants.
Section 14 in The Limitation Act, 1963 [Entire Act]
Section 76 in The Transfer Of Property Act, 1882 [Entire Act]
Mahabir Gope And Others vs Harbans Narain Singh And Others on 14 April, 1952
13. There is, however, a well established exception to this
general rule. The general rule will not apply if a tenant,
inducted by a mortgagee in possession in the process of
CS-279/2010 Page:-18/39
prudent management, is given any protection or certain rights
are conferred an him by a statute enacted in the meantime.
Mortgagors rights to obtain actual possession of the mortgaged
property on redemption would be affected to that extent. This
exception, obviously, is the creation of the statute concerned
and not the Transfer of Property Act. This principle was
recognized by the Supreme Court in Mahabir Gopes case (AIR
1952 SC 205) (supra). It was held :