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Supreme Court of India

Mritunjoy Pani and Another v. Narmanda Bala Sasmal and Another

Neutral citation
Reported as [1962] 1 S.C.R. 290
Bench K. Subba Rao J.
Decided 14 March 1961

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid principles, the right to redeem the mortgage is not extinguished and in the eye of law the purchase in the rent sale must be deemed to have been made in trust for the mortgagor.

Judgment, page 7

From the headnote

Mortgage-Right of redemption-Suit, when maintainable­ Mortgagor and Mortgagee-Legal position-Indian Trusts Act, r88a (II of r882), s. 90. Usufructuary mortgage bond was executed in favour of the father of the appellant who was put in possession of the mort­ gaged property. One of the terms of the usufructuary mortgage was that in case of failure of payment of rent by the mortgagor, the mortgagee was to pay off the arrears of rent to the landlord, which obligation the mortgagee did not honour as a result of which the property was brought to sale and ultimately purchas­ ed by the mortgagee. The

Where later benches applied it

Of those, 4 mentioned

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