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Supreme Court of India 2019-09-12 allowed

Mohan Chandra Tamta (dead) Thr. Lrs vs Ali Ahmad (D) Thr Lrs & Ors

Bench: 2 — Deepak Gupta

In Brief

A property dispute spanning nearly 60 years: the appellant inherited a house in Almora and sought possession from tenants who claimed their landlord was a mortgagee. The trial court found the appellant was the sole owner. The mortgagee accepted the verdict and did not appeal, but the tenants challenged it. The Supreme Court held that tenants cannot appeal questions of ownership—only the mortgagee, as an interested party, could do so. Since the mortgagee accepted the decree, the tenants' appeal was invalid. The trial court's judgment for the appellant was restored.

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Property Law Landlord and Tenant Mortgage and Redemption Civil Procedure Maintainability of Appeal Locus Standi Title to Property

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