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1 - 6 of 6 (0.22 seconds)Section 4 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
The Punjab Tenancy Rules
The Delhi Rent Act, 1995
Tameshwar Prasad vs Maharaj Singh And Ors. on 26 February, 1921
In this Court there is a decision of a Bench [Tameshar Prasad v. Maharaj Singh (1921) 63 IC 114 ] where, under similar circumstances the Court held that the mortgagor on redemption of the mortgage was entitled to recover possession of sir land also even though he had relinquished his right as ex-proprietary tenant. The learned Counsel for the defendant-respondent urged that there was a distinction because the ruling was based on the Rent Act of 1882, and under the present Tenancy Act of 1901, the sir of a proprietor cannot be mortgaged with possession, and the proprietor immediately on the mortgage became an ex-proprietary tenant of the sir land. The distinction however does not exist in the reported case, because in that case ex-proprietary rights actually arisen had been claimed and had been relinquished. The case therefore was one similar to the present one where, under the law, ex-proprietary rights arose immediately on the execution of the mortgage.
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