Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act 1882: ss. 60 59A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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 filed suit against original mortgagors and mortgagee seeking right of redemption of the mortgaged property – Trial court dismissed the suit, however the first appellate court allowed the same – In appeal, the High Court dismissed the suit for redemption of the mortgage land – On appeal, held: Equity of redemption is a right subsidiary to the right of ownership – Appellant was a necessary party in a suit for foreclosure filed by the mortgagee after the purchase and was required to be impleaded – Since the appellant was not impleaded as a party, appellant is not bound by the decree passed in the suit for foreclosure – More so, decree in a suit for foreclosure was a result of collusion between the original mortgagors and the mortgagee so as to frustrate rights of a purchaser from the mortgagor – Thus, the decree passed in the suit for foreclosure was void and non-est – Such decree of foreclosure would not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed – Thus, the judgment of the High Court is set aside and that of the first appellate court is restored. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 407 |
Petitioner | Narayan Deorao Javle (deceased) Through Lrs. |
Respondent | Krishna & Ors. |
SCR | [2021] 8 S.C.R. 481 |
Judgement Date | 2021-08-17 |
Case Number | 4726 |
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