Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mortgage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mortgage:Order of District Collector directing redemption of mortgaged property attained finality pursuant to dismissal of SLP - Objections filed by Appellant in execution of the order of redemption - His contention that said property was earlier mortgaged in favour of him and his brother, which had not been redeemed - Held: Purported receipt by mortgagor from Appellant and his brother not proved, hence, cannot be relied upon - Appellant raised unnecessary objections in execution of order of redemption - Even otherwise, his contention barred by principle of constructive res judicata - Code of Civil Procedure, 1908 - Res judicata - Constructive res judicata.The District Collector passed order directing redemption of mortgaged property. That order attained finality pursuant to dismissal of SLP by this Court. In proceedings for execution of the order of redemption, Appellant filed objections. He contended that the said property was earlier mortgaged in favour of him and his brother, which had not been redeemed. The property was allegedly mortgaged in favour of Appellant and his brother on purported receipt of a sum of Rs.425. Objections filed by the appellant in the said proceedings were rejected. However, appeal preferred by appellant was allowed. But the order was set aside in second appeal by the Financial Commissioner, Revenue. High Court upheld the order of the Financial Commissioner. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 71 |
Petitioner | Mohinder Singh |
Respondent | State Of Punjab And Ors. |
SCR | [2007] 1 S.C.R. 1185 |
Judgement Date | 2007-01-23 |
Case Number | 325 |
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