http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: MAHABIR GOPE AND OTHERS
Vs.
RESPONDENT: HARBANS NARAIN SINGH AND OTHERS.
DATE OF JUDGMENT: 14/04/1952
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA MAHAJAN, MEHR CHAND BOSE, VIVIAN
CITATION: 1952 AIR 205 1952 SCR 775 CITATOR INFO : A 1956 SC 305 (11) R 1958 SC 183 (7,10,14) E 1966 SC1721 (9) D 1968 SC1466 (7) R 1972 SC 637 (4) R 1980 SC 696 (10,11) RF 1981 SC1881 (17) RF 1981 SC2146 (8,11,14) RF 1988 SC 299 (8) RF 1989 SC 436 (38,42)
ACT: Bihar Tenancy Act, 1937, ss. 5 (2), 20, 21--Zuripeshgi lease- Lease by mortgagee for a term of 3 years--Lessee continuing in possession for over 30 years--Whether acquires occupancy rights-Construction of lease--Mortgagee’s power to lease--Limitations-Transfer of Property Act, (IV of 1882), s. 76 (a) and (e).
HEADNOTE: As a general rule a person cannot transfer or otherwise confer a better title on another than he himself has and a mortgagee cannot therefore create an interest in mortgaged property which will enure beyond the termination of his interest as mortgagee. Further, a mortgagee cannot during the subsistence of the mortgage act in a manner detri- mental to the mortgagor’s interests, such as by giving a lease which may enable the tenant to acquire permanent occupanc...