Supreme Court of India

Sankaranarayanan Potti (dead) by L.rs. v. K.sreedevi and Ors.

Neutral citation
Bench S.B. Majmudar, K. Venkataswamy and A.P. Misra JJ.
Decided 26 March 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the light of the decision rendered on this I.A. by the Civil Court in the remanded proceedings, it shall proceed further in accordance with law in connection with the question of passing appropriate final decree in the suit. Appeal is allowed accordingly. In the facts and circumstances of the case there will be no order as to costs.

Judgment, Point No. 6, p. 469

From the headnote

Land Reforms : Kerala Land Reforms Act, 1963 Amended in 1969-Section 72B-Final decree proceedings in mortgage suit pending-Claim of mortgagee as a Cultivating tenant-Subsequent amendment of Land Reforms Act-Conferring benefits on cultivating tenant-Mortgagee's application raising preliminary objection-Rejected by Civil Court in limine-Whether rejection valid-Held no, it is for the Civil Court to decide whether the mortgagee can claim the benefit of amendment.…

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