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    <title>2008 (3) TMI 767 - Supreme Court</title>
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    <description>A registered mortgage cannot be converted into a lease, or its legal incidents altered, by relying on an unregistered subsequent document. The Supreme Court noted that the parties&#039; status as mortgagor and mortgagee could not be changed into lessor and lessee without proved terms supporting such a transformation. It also upheld the finding that tenancy rights in the suit property were not proved. The competing claims of mortgage and lease must be resolved from the terms actually established on record, and no general rule governs every alleged merger of lease and mortgage interests.</description>
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    <pubDate>Thu, 13 Mar 2008 00:00:00 +0530</pubDate>
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      <title>2008 (3) TMI 767 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=297470</link>
      <description>A registered mortgage cannot be converted into a lease, or its legal incidents altered, by relying on an unregistered subsequent document. The Supreme Court noted that the parties&#039; status as mortgagor and mortgagee could not be changed into lessor and lessee without proved terms supporting such a transformation. It also upheld the finding that tenancy rights in the suit property were not proved. The competing claims of mortgage and lease must be resolved from the terms actually established on record, and no general rule governs every alleged merger of lease and mortgage interests.</description>
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      <pubDate>Thu, 13 Mar 2008 00:00:00 +0530</pubDate>
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