VidhiSangh

Supreme Court of India · 17/04/2020

SHANKAR SAKHARAM KENJALE (DIED) THROUGH HIS LEGAL HEIRS versus NARAYAN KRISHNA GADE AND ANOTHER

[2020] 4 S.C.R. 223 · 2020 INSC 338

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A permanent Mirashi tenant’s mortgage-redemption right survived abolition and resumption of the watan land and its later re-grant to the possessory mortgagee. The statutory savings protected the subsisting tenancy, and the mortgage relationship continued. Because the mortgagee obtained re-grant through possession derived from that mortgage, Section 90 of the Trusts Act required the benefit to accrue to the mortgagor, subject to repayment of proper re-grant expenses.

Issues

  1. Whether watan abolition and later re-grant extinguished the permanent tenant-mortgagor’s redemption right.
  2. Whether the mortgagee could retain the re-grant advantage against the mortgagor.

Provisions considered

Held

Result

Appeal dismissed; High Court’s decision decreeing redemption and reversing the courts below upheld. Re-grant advantage enures to the mortgagor subject to proper re-grant expenses.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 223.