Supreme Court of India
Narayan Deorao Javle (deceased) through Lrs. v. Krishna & Ors.
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
Held as under: (SCC p. 330, para 8) “8. … The right of redemption recognised under the Transfer of Property Act is thus a statutory and legal right which cannot be extinguished by any agreement made at the time o f mortgage as part of the mortgage transaction.
Judgment, page 15
From the headnote
Transfer of Property Act, 1882: ss. 60, 59A – Redempt ion of the mortgaged property – Right of – On facts, non-pay ment of the mortgage amount by the original mortgagors to the mo rtgagee – Suit for recovery of the mortgage amount by mortgag ee against original mortgagors – Appellant had purchased a mor tgaged property from original mortgagor, however, not impleaded as party in the suit – Due to the non-payment of the mortgag e amount, appellant’s right of redemption was foreclosed and after the execution of the decree, mortgagee took possession of t he property from the appellant – Appellant
Authorities it was built on
- 2000 Shri Shivdev Singh and Anr. v. Sh. Sucha Singh and Anr.
- 2003 Achaldas Durgaji Oswal (dead) through Lrs. v. Ramvilas Gangabisan Heda (dead) through Lrs. and Ors.
- 2017 Allokam Peddabbayya and Another v. Allahabad Bank and Others
- 2018 Jamila Begum (d) Thr. Lrs. v. Shami Mohd. (d) Thr. Lrs. & Another
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