http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 7
PETITIONER: ASA RAM AND ANOTHER
Vs.
RESPONDENT: MST. RAM KALI AND ANOTHER
DATE OF JUDGMENT: 21/11/1957
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA DAS, S.K. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 183 1958 SCR 988
ACT: Tenancy--Hereditary right, when can come into existence- Lease by mortgagee--When binding on mortgagor--Transfer of Property Act, 1882 (IV of 1882), s. 76(a)--U. P. Tenancy Act, 1939 (U. P. XVII Of - 1939), S. 29(a).
HEADNOTE: Section 29(a) of the U. P. Tenancy Act, 1939, provides that every person who was at the commencement of the Act a tenant of land shall be entitled to all the rights of hereditary tenants under the Act. Some classes of tenants are excepted from the operation of this provision, and one of them is tenants of Sir lands. The lands in question were originally held in Sir but in pursuance of a deed of usufructuary mortgage dated July 8, 1930, they were entered as Khudkasht in the names of the mortgagees. Subsequently the respondents took possession of the lands from the mortgagees under a Kabuliat dated May 26, 1936. After redemption of the mortgage the appellants, the representatives of the mortgagors, filed a suit for possession under s. 180 of the U.P. Tenancy Act, 19...