Supreme Court of India
M.R. Satwaji Rao (d) by L.rs. v. B. Shama Rao (dead) by L.rs. & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the relationship of mortgagor and mortgagee continues to subsist D even thereafter, and his purchase is only in trust for the mortgagor.
Judgment, page 16
From the headnote
Transfer of Property Act, 1882 - s. 58 (d) - Usufructuary mortgage -Mortgager remaining in possession of the c mortgaged land as a tenant on payment of rent - Failure to pay rent - Suit for recovery of money by mortgagee, decreed - In execution of the decree, mortgaged land auctioned and purchased by the mortgagee - Suit by mortgager for redemption of mortgage - Dismissed by trial court - Decreed by High Court - On appeal, held: Mortgagor entitled to redeem the mortgage - The suit by mortgagee since was not in terms \. of 0. XXXIV r. 14 CPC, purchase by him amounts to a mere trust for the
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Where later benches applied it
Of those, 1 referred to
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