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Supreme Court of India 2019-12-02 disposed

DIGAMBER vs KACHRU DEAD THR LRS

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

This appeal concerned agricultural land in Maharashtra and the applicability of tenancy protections to mortgagees. The original owner mortgaged land to one Vasudeorao, who transferred the mortgage to Chandu (father of appellants), who then remained in possession. The owner's sons sought termination of the mortgage and restoration of possession under agricultural land laws. The High Court held that mortgagees in possession cannot claim status as 'deemed tenants' under the Hyderabad Tenancy and Agricultural Lands Act, 1950, and are therefore not protected from dispossession. The Supreme Court disposed of the appeal by directing the parties to a negotiated settlement, resulting in division of the 29-acre property among the original owner's successors and other claimants as detailed in the compromise memo.

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Agricultural Law Tenancy Law Mortgage Land Alienation Property Rights

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