Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mortgage Redemption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mortgage - Redemption - Permissibility - Land mortgaged - During subsistence of the mortgage, the land sold in auction by Revenue authorities for appropriation of agricultural income tax liabilities of the mortgagor - The land was purchased by the mortgagee - After about 30 years, mortgagor filing suit for redemption - Suit dismissed by trial court, but decreed by first appellate court and High Court - On appeal, held: Mortgagor not entitled to redemption - The . sale of land in auction by Revenue authorities to the mortgagee has extinguished the redemption rights of the mortgagor - Under the contractual terms of the mortgage deeds, there was no obligation on the part of the mortgagee to clear the tax liability of the mortgagor - Obligation of the mortgagee to pay Government dues, can only be relatable to the dues, arising against the land mortgaged and not against the person of the mortgagor - Even under s. 76(c) of the Transfer of Property Act, the liabilities contemplated to be cleared by the mortgagee, will not include the Income tax liability of an assessee - Transfer of Property Act, 1872 - s. 76(c) - Trust Act 1882 - s.90. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 192 |
Petitioner | Rukmini Amma & Ors. |
Respondent | Rajeswary (dead) Through Lrs. & Ors. |
SCR | [2013] 5 S.C.R. 579 |
Judgement Date | 2013-03-22 |
Case Number | 1475-1476 |
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