KEDAR LAL SEAL Vs. BAN LAL SEAL
LAWS(SC)-1951-12-7
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on December 18,1951

KEDAR LAL SEAL Appellant
VERSUS
BAN LAL SEAL Respondents


Referred Judgements :-

HIRA SINGH VS. JAI SINGH [REFERRED]



Cited Judgements :-

SHALIGRAM S/O VITTHALRAO SAWANT VS. RAMESH S/O BHAGWAN GAWANDE [LAWS(BOM)-2013-11-134] [REFERRED TO]
THE KOPARGAON SAHAKARI SAKHAR KARKHANA LTD. VS. THE KOLHAPUR SUGAR MILLS LTD. AND ORS. [LAWS(BOM)-2015-9-147] [REFERRED TO]
PRAMATH CO OP HOUSING SOC LTD VS. SHAH KHIVANSARA AND ASSOCIATES [LAWS(BOM)-1985-12-16] [REFERRED TO]
SHOEB HABIB BHIMJI VS. SOHABAI DOOUGARSI MALANI [LAWS(BOM)-1992-1-80] [REFERRED TO.]
CHHEDILAL VS. RAJARAM [LAWS(ALL)-2007-8-42] [REFERRED TO]
CHANDRABHAN SINGH VS. JANAKI SINGH [LAWS(GAU)-2012-6-128] [REFERRED TO]
SAHARA INDIA COMMERCIAL CORPORATION LTD VS. B JEEJEEBHOY VAKHARIA AND ASSOCIATES [LAWS(BOM)-2009-4-215] [REFERRED TO]
TEVA PHARMACEUTICAL INDUSTRIES LTD VS. NATCO PHARMA LIMITED [LAWS(DLH)-2014-5-193] [REFERRED TO]
ARVIND VS. SRI ANAND [LAWS(KAR)-2009-7-88] [REFERRED TO]
IBRAHIMKUTTY KOYAKUTTY VS. ABDUL RAHUMANKUNJU IBRAHIMKUTTY [LAWS(KER)-1992-8-45] [REFERRESD TO]
RAMIAH MOOPANAR AND OTHERS VS. CHELLIAH NADAR [LAWS(MAD)-1966-10-20] [REFERRED TO]
SHAMSHER ALI VS. SHIRIN BAI [LAWS(MPH)-1962-4-19] [REFERRED TO]
MAHADULAL VS. CHIRONJI LAL [LAWS(MPH)-1962-5-8] [REFERRED TO]
ORISSA STATE TEXTILE CORPORATION LTD AND ORS VS. BHASKAR TEA COMPANY LTD AND ORS [LAWS(ORI)-2014-11-105] [REFERRED]
MOHAN LAL VS. ANANDIBAI [LAWS(SC)-1971-3-51] [DISTINGUISHED]
GANESH SHET VS. C S G K SETTY [LAWS(SC)-1998-5-28] [REFERRED TO]
ABDUL LATIF VS. MAHADEO LAL [LAWS(PAT)-1975-11-8] [REFERRED TO]
FARHAT ANAS VS. DEBTS RECOVERY APPELLATE TRIBUNAL [LAWS(ALL)-2015-2-95] [REFERRED TO]
MADHUKAR V. KHANDEPARKAR VS. ADMINISTRATIVE TRIBUNAL [LAWS(BOM)-2013-3-23] [REFERRED TO]
MICOLUBE INDIA LIMITED VS. RAKESH KUMAR [LAWS(DLH)-2012-3-587] [REFERRED TO]
ABDUL LATIF VS. CHANCHALA DEVI NATH LEGAL HEIRS OF DIGENDRA NATH [LAWS(GAU)-2003-7-31] [FOLLOWED ON]
SASTHI KINKAR BANERJEE VS. PANCHANAN DAS [LAWS(CAL)-1957-8-31] [REFERRED]
DHARMADHAR MAHASTHAVIR, REV. VS. BENGAL BUDDHIST ASSOCIATION [LAWS(CAL)-1974-2-33] [REFERRED TO]
HIRA SINGH VS. 4TH ADDITIONAL DISTRICT JUDGE AND OTHERS [LAWS(ALL)-1978-12-75] [REFERRED TO]
HUSAINALI HAJI ESMAIL BADAKSHA VS. RADHE SHYAM CO-OP HSG SOCIETY LTD [LAWS(BOM)-2002-7-3] [REFERRED TO [ 5 ]]
PANCHU GOPAL SAHA DEFENDANT VS. USHA RANI MODAK PLAINTIFF [LAWS(CAL)-1987-4-8] [REFERRED TO]
PRTIMA DAS ALIAS KACHU DAS VS. MIRA DAS [LAWS(CAL)-2011-11-18] [REFERRED TO]
SUMITA CHAKRABORTY VS. SRI AMIT KUMAR BANERJEE [LAWS(CAL)-2011-8-60] [REFERRED TO]
LEELA AMMA VS. ARAVINDAKSHA MENON [LAWS(KER)-2012-3-254] [REFERRED TO]
STATE OF J&K VS. GOODWILL FOREST LESSEES [LAWS(J&K)-1973-6-1] [REFERRED TO]
PANDURANG APTE VS. KRISHNA IYER [LAWS(KER)-1953-10-3] [REFERRED TO]
BALBIR DASS VS. SHIROMANI GURDWARA PARBANDHAK COMMITTEE AMRITSAR [LAWS(P&H)-1978-11-14] [REFERRED TO]
SIS RAM VS. SUKH LAL [LAWS(P&H)-1981-10-14] [REFERRED TO]
ABDE ALI VS. HAKUMUDDIN [LAWS(MPH)-2007-4-48] [REFERRED TO]
MANJUNATH ANANDAPPA URF SHIVAPPA HANSI VS. TAMMANASA [LAWS(SC)-2003-3-23] [REFERRED]
NOVA ADS VS. METROPOLITAN TRANSPORT CORPORATION [LAWS(SC)-2014-12-58] [REFERRED TO]
RAM PRATAP KAMALIA MILLS VS. STATE OF BIHAR [LAWS(PAT)-1962-10-6] [REEFERRED TO]
W VS. H & ANR [LAWS(DLH)-2016-8-50] [REFERRED TO]
A.K. BHAGAT VS. UNION OF INDIA [LAWS(DLH)-2019-10-255] [REFERRED TO]
ESCORTS LIMITED VS. KNORR BREMSE-AG [LAWS(DLH)-2007-11-9] [REFERRED TO]
KANSHI RAM VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2008-1-160] [REFERRED TO]
BAJRANGLAL AGARWALLA VS. KAMALESH KUMAR BAWRI AND ANR. [LAWS(GAU)-1985-6-10] [REFERRED TO]
ABDUL LATIF VS. CHANCHALA DEVI NATH LEGAL HEIRS OF DIGENDRA NATH [LAWS(GAU)-2003-8-5] [REFERRED TO]
JIWAN LAL AND CO VS. MENOT AND CO LTD [LAWS(CAL)-1960-7-37] [REFERRED]
SINDHRI IRON FOUNDRY P LTD VS. STATE [LAWS(CAL)-1963-9-11] [REFERRED TO]
GAMBHIRMULL MAHABIRPRASAD VS. INDIAN BANK LTD [LAWS(CAL)-1960-6-4] [REFERRED TO]
RAM LAL KHANNA VS. GULAB DEVI [LAWS(DLH)-1969-2-8] [REFERRED TO]
S.S.NEGI VS. JAGDISH CHANDER [LAWS(HPH)-1994-12-20] [REFERRED TO]
NAMBARUKANDI MARAKKAR VS. NALLITHODI THAVALAPARAMBIL APPU [LAWS(KER)-1990-6-1] [REFERRED TO]
M.B. VENKATARATHINAM VS. CITTY VIJAYALAKSHMI [LAWS(MAD)-2015-7-180] [REFERRED TO]
RITA FLORENCE VS. SIVAGAMI ACHI [LAWS(MAD)-2006-12-314] [REFERRED TO]
KRISHNA PILLAI VS. MADHAYAN NAIR AND ANOTHER [LAWS(KER)-1982-3-45] [REFERRED TO]
SINDH TRANSPORT CO VS. STATE TRANSPORT AUTHORITY M P GWALIOR [LAWS(MPH)-1989-11-36] [REFERRED TO]
SUDHIR KUMAR PANDEY VS. BANK OF INDIA AND OTHERS [LAWS(PAT)-1991-8-40] [REFERRED]
KALAWATI TRIPATHI VS. DAMAYANTI DEVI [LAWS(PAT)-1992-5-1] [REFERRED TO]
RAJENDRA SINGH LODHA VS. AJOY KUMAR NEWER AND ORS. [LAWS(CAL)-2007-10-64] [REFERRED TO]
CHANDI PD RAI VS. DEPUTY DIRECTOR OF CONSOLIDATION GHAZIPUR [LAWS(ALL)-1981-11-3] [REFERRED TO]
SUSHIL KUMAR VS. RAM CHANDRA [LAWS(ALL)-1981-11-60] [REFERRED TO]
MAHADEO PROSAD SHAW VS. CALCUTTA DYEING AND CLEANING CO [LAWS(CAL)-1960-6-21] [REFERRED TO]
RAMASHANKAR PROSAD VS. SINDRI IRON FOUNDRY P LTD [LAWS(CAL)-1965-9-13] [REFERRED TO]
EX. NURSING ORDERLY A.K. BHAGAT VS. UNION OF INDIA [LAWS(DLH)-2019-10-215] [REFERRED TO]
MICOLUBE INDIA LIMITED VS. RAKESH KUMAR TRADING AS SAURABH INDUSTRIES [LAWS(DLH)-2013-5-151] [REFERRED TO]
MICOLUBE INDIA LIMITED VS. RAKESH KUMAR TRADING AS SAURABH INDUSTRIES [LAWS(DLH)-2013-5-151] [REFERRED TO]
CHIEF SECRETARY VS. MATHAI KURIAKOSE [LAWS(KER)-1988-2-2] [REFERRED TO]
DHARANI AMMAL AND ORS. VS. ARAYEE [LAWS(MAD)-2015-1-192] [REFERRED TO]
MANI AMMA VS. KOLOLICHALIL CHOYI [LAWS(KER)-1985-1-26] [REFERRED TO]
J B MANGHARAM AND CO VS. E S I CORPORATION [LAWS(MPH)-1968-10-7] [REFERRED TO]
KRISHNA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2004-3-113] [REFERRED TO]
SINGHESHWAR PANDEY & ORS VS. RAMESHWAR PANDEY & ORS [LAWS(PAT)-2016-6-28] [REFERRED TO]
SOM PARKASH VS. KARAM DASS [LAWS(P&H)-2008-3-99] [REFERRED TO]
MILAP CHAND VS. DWARKA DAS [LAWS(RAJ)-1954-4-5] [REFERRED TO]
GURDIAL SINGH VS. GURU GRANTH SAHIB AREA OF GURDWARA MASOOMA PREM KAUR WALA [LAWS(P&H)-1991-6-66] [REFERRED]
MOHANT DHARAM DAS VS. S G PARBANDHAK COMMITTEE [LAWS(P&H)-1986-7-14] [REFERRED TO]
ANITA RANI VS. STATE [LAWS(P&H)-1987-9-3] [REFERRED TO]
SUDHIR KUMAR PANDEY VS. BANK OF INDIA [LAWS(PAT)-1991-3-7] [REFERRED TO]
URMILA GUPTA VS. LAKHU(DERD)THROUGH LRS [LAWS(ALL)-2013-2-178] [REFERRED TO]
HINDUSTHAN PAPER CORPN LTD VS. SUDHIR KWMAR CHATTERJEE [LAWS(CAL)-1986-12-18] [REFERRED TO]
JIWANLAL AND CO VS. MANOT AND CO LTD [LAWS(CAL)-1960-7-28] [REFERRED TO]
RAM JIAWAN KOERI VS. THE BOARD OF REVENUE, U.P. ALLAHABAD AND OTHERS [LAWS(ALL)-1965-9-45] [REFERRED TO]
DHIAN SINGH VS. TARA CHAND [LAWS(ALL)-1983-9-1] [REFERRED TO]
THAYYIL KANISSANTE VALAPPIL SARASWATHI VS. BHARATHA TEXTILES CANNUR [LAWS(KER)-1991-11-17] [REFERRED TO]
Parmanand Koiri VS. Gouri Shankar Gupta [LAWS(JHAR)-2012-12-77] [REFERRED TO]
Anant Ram VS. Prabha Devi @ Prabhat Devi [LAWS(JHAR)-2012-4-146] [REFERRED TO]
GULABCHAND KAPUR CHAND VS. SAWACHAND BHOLA SINGH [LAWS(MPH)-1959-7-16] [REFERRED TO]
NATHULAL NANURAM VS. NANDA GOGAJI DHOBI [LAWS(MPH)-1959-8-27] [REFERRED TO]
AYYAPPAN RAMAN VS. KUNJU VAKKI ITHAPPIRI [LAWS(KER)-1957-6-9] [REFERRED TO]
TULSI AHIR VS. SONIA [LAWS(PAT)-1961-2-2] [REFERRED TO]
RAM BACHAN SINGH VS. DOMA SINGH [LAWS(PAT)-1970-4-8] [REFERRED TO]
PRADIP KUMAR PARIA VS. TUSHAR KANTI BANDOPADHYAY [LAWS(CAL)-2015-7-76] [REFERRED TO]
KAMDEV NATH CHOUDHURY VS. DEVENDRA KUMAR NATH [LAWS(GAU)-1979-5-4] [REFERRED TO]
MIRZA HASHIM HUSAIN VS. MANI BHADRA DAS [LAWS(ALL)-1982-11-2] [REFERRED TO]
LAKSHMI DEVI VS. KALA DEVI [LAWS(ALL)-1977-4-14] [REFERRED TO]
SANJAY CHANDRAKANT MEHTA VS. MALABEN SANJAY MEHTA [LAWS(BOM)-2000-2-19] [REFERRED TO]
D V PANSE VS. LAXMINARAYAN KHAR [LAWS(BOM)-2002-8-135] [REFERRED TO]
SUSHMA VS. SATISH CHANDER [LAWS(DLH)-1980-11-29] [REFERRED TO]
RAJESHWAR S/O NAGAN KALE VS. SARASWATIBAI W/O RANGOJI KALE [LAWS(BOM)-2019-2-61] [REFERRED TO]
VENUS ENGINEERING VS. OWNERS AND PARTIES INTERESTED IN M T STOLT ARGOBAY [LAWS(CAL)-1974-9-20] [REFERRED TO]
SHAIK NURBI VS. PATHAN MASTANBI [LAWS(APH)-2004-3-77] [REFERRED TO]
BASANTHILAL AGGARWAL VS. P S BHAMDARI [LAWS(APH)-2006-12-88] [REFERRED TO]
KALIAMMAL VS. KRISHNAVENI [LAWS(MAD)-2017-8-42] [REFERRED TO]
RANGAPPA VS. JAYAMMA [LAWS(KAR)-1987-6-16] [REFERRED TO]
M JANA BAI VS. M GOVARDHANAGIRI NAIDU ALIAS M G GIRI [LAWS(KAR)-2007-6-51] [REFERRED TO]
ANGAMMAL VS. KOMARA GOUNDER [LAWS(MAD)-2002-1-43] [REFERRED TO]
DHIRENDRA NAMASUDRA VS. SUKUMAR ROY [LAWS(GAU)-2016-6-55] [REFERRED]
NRUSINGHA CHARAN SAHOO VS. SUKANTI SAHOO [LAWS(ORI)-1990-4-33] [REFERRED TO]
TULSI RAM VS. KESAR (DECEASED) REPRESENTED BY HIS LRS [LAWS(P&H)-1987-11-103] [REFERRED]
MAHESH CHAND SHARMA VS. RAJ KUMARI SHARMA [LAWS(SC)-1995-12-4] [RELIED ON]
MOHAMMEDKASAM HAJI GULAMBHAI VS. BAKERALI FATEHALI [LAWS(SC)-1998-9-124] [REFERRED TO]
BISWANATH GHOSH VS. GOBINDA GHOSH ALIAS GOBINDHA CHANDRA GHOSH [LAWS(SC)-2014-3-26] [REFERRED TO]
KALIKA DUT MISHRA VS. ABDUL AJIJ MIA [LAWS(PAT)-1975-8-3] [REFERRED TO]
AIRPORTS AUTHORITY OF INDIA VS. HOTEL LEELAVENTURE LTD. [LAWS(DLH)-2016-7-9] [REFERRED TO]
UNION OF INDIA VS. KANTILAL NIHALCHAND [LAWS(BOM)-1972-9-19] [REFERRED TO]
RAIS AHMAD VS. ADDL DISTRICT JUDGE SPECIAL JUDGE ALIASE C ACTALIAS BUDAUN [LAWS(ALL)-2003-11-63] [REFERRED TO]
RAMENDRA NARAYAN SINGHA CHOUDHURY (DECEASED BY L. RS.) AND ORS. VS. STATE OF ASSAM [LAWS(GAU)-1981-8-12] [REFERRED TO]
M/S. CONVERGYS CORPORATION VS. MR. SREENIVASU RUTTALA [LAWS(APH)-2016-8-6] [REFERRED TO]
VASANTRAO GUDACHARVA JAHAGIRDAR VS. SHARANBASAPPA VISHWANATH HALLI [LAWS(BOM)-2007-10-111] [REFERRED TO]
KESAVALU NAIDU VS. DORAISWAMI NAIDU (DIED) AND ORS. [LAWS(MAD)-1957-12-29] [REFERRED TO]
APPAVOO NADAR VS. CHELLIAN NADAR [LAWS(MAD)-1985-4-9] [REFERRED TO]
TODARMAL TEJMAL AND ANR. VS. CHIRONJILAL, GOPILAL AND ANR. [LAWS(MPH)-1955-7-6] [REFERRED TO]
BRIJ LAL VS. SHRI RAJESHWAR PARSHAD AND OTHERS [LAWS(P&H)-1968-7-17] [REFERRED TO]
HARJIBHAI JASMATBHAI GOTI VS. GUNVANTBHAI DAYABHAI MALI [LAWS(GJH)-2013-10-380] [REFERRED TO]
MYAGERI VS. SRINIVASA [LAWS(KAR)-1990-10-5] [FOLLOWED ON]
S NARAHARI VS. S PANKAJA [LAWS(KAR)-2001-5-6] [REFERRED TO]
S AYYATHURAI THEVAR VS. ARULMIGHU MATHIRAPUREESWEARASWAMI DEVASTHANAM [LAWS(MAD)-2002-7-142] [REFERRED TO]
SMT. CHAMPA BAI AND OTHERS VS. PRAFULLA CHAND [LAWS(MPH)-2016-2-74] [REFERRED TO]
GAYADHAR NAYAK VS. BHAGABAN ROUT [LAWS(ORI)-1963-3-10] [REFERRED TO]
SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS. JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI [LAWS(ALL)-2017-9-88] [REFERRED TO]
PARTHA SARATHI BANERJEE VS. STATE [LAWS(CAL)-1993-3-14] [REFERRED TO]
JUTHIKA ROY VS. SHANTI NATH PANDIT [LAWS(CAL)-1961-1-23] [REFERRED]
H. ANWAR KHAN VS. SMT. G. RAVI KUMARI AND OTHERS [LAWS(APH)-2017-12-76] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. KANTILAL NANDLAL DAVE [LAWS(GJH)-1991-12-15] [REFERRED TO]
KRISHNAPILLAI AND ORS. VS. MARIMUTHUPILLAI [LAWS(MAD)-2015-1-273] [REFERRED TO]
M JANA BAI VS. M GOVARDHANAGIRI NAIDU ALIAS M G GIRI [LAWS(KAR)-2007-6-2] [REFERRED TO]
KRISHNA PILLAI VS. MADHAVAN NAIR [LAWS(KER)-1982-3-21] [REFERRED TO]
MAHANT PRAKASH NAND VS. MATA DIN [LAWS(RAJ)-1955-9-11] [REFERRED TO]
A.K.S.RAVICHANDAR VS. VENKATESWARA HOSPITALS [LAWS(MAD)-2017-1-32] [REFERRED TO]
SANDUR MANGANESE AND IRON ORES LTD VS. STATE OF KARNATAKA [LAWS(SC)-2010-9-88] [REFERRED TO]


JUDGEMENT

Bose - (1.)-
(2.)THIS is a defendant's appeal in a suit for contribution brought by the son of a mortgagor against the co-mortgagors.
The parties are related as below: JUDGEMENT_47_AIR(SC)_1952Image1.jpg

The mortgagors were the plaintiff's father Tarak Lall and Tarak's two brothers Kedar and Naku. The mortgage was executed on the 12/06/1936, in favour of one Mst. Gyarsi for a consideration of Rs. 80,000.00 . For convenience I will call this the suit mortgage though this is not a suit on the mortgage.

The mortgagee sued in the year 1938 and obtained a preliminary decree for sale on the 17th of February, 1939, for a sum of Rs. 89,485-12-9 plus costs. The decree was made final on the 22nd of December, 1989.

In execution the mortgagee proceeded against the property of the plaintiff alone (as Tarak's son) and, during the pendency of the execution, assigned her rights in the decree to the Hooghly Flour Mills. The Mills continued the execution and on the 11th of March, 1943, the claim was satisfied in this way.

(3.)AN order of the court was obtained sanctioning sale of a part of the mortgaged property, 20 Round Tank Lane (which belonged exclusively to the plaintiff), to the decree-holder for a sum of Rs. 1,50,000.00 . It was directed that the consideration should first be applied in payment of the claim and costs and that the decree-holder should execute a reconveyance of the rest of the mortgaged properties in favour of the mortgagors. The sanction of the court was necessary because the judgment-debtor Hari Lall (present plaintiff) was a minor.
This was done and 20, Round Tank Lane, was conveyed by the present plaintiff to the Hooghly Flour Mills on the 18th of March, 1943. Out of the consideration a sum of Rs. 97,116-11-0 was paid to the Mills in lull satisfaction of the claim and costs then outstanding. The Mills executed a reconveyance of the rest of the properties to the mortgagors in release of the mortgage on the same day.

In addition to this Rs. 97, 116-11-0, further sums of Rs. 14,400.00 and Rs. 8,100.00 had also been paid before the dates of these transactions. These sums were paid by a Receiver who had been appointed by the court pendente lite. These sums came out of the rents which the Receiver obtained from the plaintiff's property, 20 Round Tank Lane.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.