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PETITIONER: RAJA KAMAKSHYANARAYAN SINGH BAHADUR
Vs.
RESPONDENT: CHOHAN RAM AND ANOTHER
DATE OF JUDGMENT: 23/10/1952
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHR CHAND AIYAR, N. CHANDRASEKHARA
CITATION: 1952 AIR 401 1953 SCR 108 CITATOR INFO : F 1967 SC1390 (8)
ACT: Transfer of Property Act (IV of 1882), ss. 66, 65-A-Mortgage -Mortgagor in possession-Power to lease-Law before amendment Act of 1929-Permanent lease by mortgagor-Validity.
HEADNOTE: Under the law as it stood prior to the enactment of s. 65-A of the Transfer of Property Act, by Act XX of 1929, the question whether the mortgagor in possession had powar to lease the mortgaged property has got to be determined with reference to the 109 authority of the mortgagor as the bailiff or agent of the mortgagee to deal with the property in the usual course of management. It has to be determined general principles and not the distinction between an English mortgage and a simple mortgage or the considerations germane to s.66 of the Transfer of Property Act, and the true position is that the mortgagor in possession may make a lease conformable to usage in the ordinary course of -management; for instance, he may create a tenancy from year to year in the case of agricultural lands or from month to month in the case of houses. But it is -...