Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 07 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-08-02 allowed

Tara Masih (Dead) Thru Lrs. & Ors vs Samuel (Dead) Through Lrs. & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The plaintiffs sought a declaration of title to mortgaged property on the ground that the defendants had failed to redeem it. The trial court dismissed the suit based on a mutation entry and payment receipt. The first appellate court allowed the suit, finding only partial redemption (one-sixth) had occurred. The High Court reversed this without properly addressing the substantive issues or framing questions of law as required. The Supreme Court held that the High Court failed to discharge its mandatory duty to frame and decide substantial questions of law under Section 100 CPC, particularly regarding the authenticity of disputed documents and the nature of the redemption. The Court set aside the High Court's judgment and remanded the matter for fresh consideration.

The lawyer headnote and full judgment text are available to registered users.

Civil Procedure Mortgaged Property Redemption of Mortgages Suit for Declaration Second Appeal Mutation Entries Revenue Records

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login