Supreme Court of India
Narayan Deorao Javle (deceased) through Lrs. v. Krishna & Ors.
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What the Court ordered
Held as under: (SCC p. 330, para 8) “8. … The right of redemption recognised under the Transfer of Property Act is thus a statutory and legal right which cannot be extinguished by any agreement made at the time of mortgage as part of the mortgage transaction.
Judgment, page 15
From the headnote
Transfer of Property Act, 1882: ss. 60, 59A – Redemption of the mortgaged property – Right of – On facts, non-payment of the mortgage amount by the original mortgagors to the mortgagee – Suit for recovery of the mortgage amount by mortgagee against original mortgagors – Appellant had purchased a mortgaged property from original mortgagor, however, not impleaded as party in the suit – Due to the non-payment of the mortgage amount, appellant’s right of redemption was foreclosed and after the execution of the decree, mortgagee took possession of the property from the appellant – Appellant then…
Authorities it was built on
- 2000 Shri Shivdev Singh and Anr. v. Sh. Sucha Singh and Anr.
- 2003 Achaldas Durgaji Oswal (dead) through Lrs. v. Ramvilas Gangabisan Heda (dead) through Lrs. and Ors.
- 2018 Jamila Begum (d) Thr. Lrs. v. Shami Mohd. (d) Thr. Lrs. & Another
- 2017 Allokam Peddabbayya and Another v. Allahabad Bank and Others
- 2019 Ramasamy (purchaser) v. Venkatachalapathi (decree Holder)
- 1996 Dilip Kumar Tripathy and Ors. Etc. v. State of Orissa and Ors.
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