Supreme Court of India
Chhaganlal Keshavlal Mehta v. Patel Narandas Haribhai
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.
What the Court ordered
In the result the plaintiff had no right to file the suit for redemption.
Judgment, page 8
From the headnote
Suit for redemption of mortgage-Order XXXIV Rule I CM/ Procedure Code-Right of a co-mortgagor lo redeem his own share, section 60 of the Transfer of Property Act, scope of-Abatement by death of parties-Order XXlll Rule 2 Civil Procedure Code. Estoppel by conduct-Section ll5 of the Evidence Act-Difference between admission and estoppel, explained. Motibhai created two mortgages in respect of the same property in the years 1871 and 1893 in favour o-f one Nanaji who died somewhere between I 890 and 1912 leaving behind his two sons Hari and Purushottam as his heirs and legal representatives. They
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