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What is Jain vs. Jain: Mortgage Dispute Ruling about?

This case concerns a dispute over a registered deed of usufructory mortgage executed in 1969 between Ishwar Dass Jain and Sohan Lal. Jain sued for redemption of the mortgage and recovery of possession of the property. The lower courts dismissed the suit finding the relationship between the parties was one of landlord-tenant rather than mortgagor-mortgagee. The Supreme Court of India allowed the appeal, finding the lower courts failed to properly consider material evidence, including the registered mortgage

Author

Sumalatha J

Language

EN