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Smt. Dilboo (Dead) By Lrs. & Ors vs Smt. Dhanraji (Dead) And Ors on 12 September, 2000 cites

Sant Lal Jain vs Avtar Singh on 12 March, 1985

Mr. Choudhary also relied on the case of Sant Lal Jain v. Avtar Singh reported in AIR 1985 SC 857. In this case a lease has been created in favour of a party. The lessee gave a licence to a third party for a specific period. That licence was terminated and a suit for recovery was filed by the lessee. In the meantime the licensee purchased the property from the owner. This Court held that even though the licensee may have purchased the property from the registered owner, still the licensee could not, deny the title of the lessor. This Court held that the licensee must first surrender possession and seek his remedy separately in case he has acquired title. There could be no dispute with the proposition of law. But they have no application so far as Swaroop Sonar and the purchasers under sale deeds of 12th October 1942 and 4th December 1948 are conscerned. These parties were not claiming any rights under the mortgage. For the above reasons the Appeal is allowed. The impugned Judgment is set aside. The suit will stand dismissed. In the view which we have taken, it is not necessary for us to consider the cross objections which had been filed by the 1st Respondent. This Appeal stands disposed of accordingly. In the circumstances of the case there will be no order as to costs.
Supreme Court of India Cites 7 - Cited by 319 - A Varadarajan - Full Document

Soni Lalji Jetha & Ors vs Soni Kalidas Devchand & Ors on 14 October, 1966

Mr. Choudhary also relied upon the case of Lalji Jetha v. Kalidas reported in AIR 1967 SC 978. In this case one Sundarji mortgaged two shops in Jamnagar on 11th December, 1907. The mortgagee was put in possession. On 25th August, 1930 family members of Sundarji, who had in the meantime died, entered into an Agreement to Sell the two shops and certain other property to the mortgagee. After having entered into such an Agreement to Sell the family members of Sundarji sold the said shops to one Lalji Jetha and Kanji Jetha on 10th September, 1930. The mortgagee filed a suit for specific performance of the Agreement to Sell and for setting aside the subsequent Sale Deed. This Court ultimately held that the Sale Deed could not be declared to be void but that the Sale Deed was subject to the Agreement to Sell in favour of the mortgagees. In our view this Judgment has no application to the facts of the present case and is entirely irrelevant.
Supreme Court of India Cites 11 - Cited by 26 - J M Shelat - Full Document

Patel Bhudarbhai Maganbhai & Anr vs Patel Khemabhai Ambaram & Ors on 11 December, 1996

This Court further held that the mortgage of Kuber had been redeemed by Shivi and, therefore, Shivi only continued as a mortgagee and against her the period of limitation was 30 years. In the present case it is to be seen that there was an absolute sale in favour of Ram Charan Teli on 26th October, 1942. Then, on 4th December 1948, there was an absolute sale in favour of Ramraj and Lakshman. The mortgage executed in favour of Hanuman was redeemed not by Ram Charan Sonar and his brother but by Ramraj. Ram Charan Teli, Ramraj and Lakshman were claiming title not as mortgagees or sub-mortgagees but in their own rights. On the above quoted observations of this Court it would be clear that by executing these documents Ram Charan Sonar and Swaroop Sonar were claiming title hostile to the mortgagor and had created absolute interest in the property in favour of third parties. The suit against those third parties would become barred if not filed within a period of 12 years. This authority, therefore, is not of much assistance to Mr. Choudhary.
Supreme Court of India Cites 4 - Cited by 1 - Full Document
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