9911796707
|
Home
Issues:
Determining the right of the mortgagor to redeem the mortgaged property and whether the claim for redemption is premature. Analysis: The judgment involves consolidated appeals from decrees of lower courts regarding the right of the mortgagor to redeem the mortgaged property. The mortgage deed in question contained clauses regarding payment of interest, redemption terms after five years, possession rights of the mortgagee, and appropriation of produce in lieu of interest. The mortgagor's right to redeem was contested based on the provision allowing the mortgagee to remain in possession for twelve years. The court considered the provisions of the Transfer of Property Act, particularly Section 60, which grants the mortgagor the right to redeem after the principal money becomes payable. The court held that the mortgagor's right to redeem cannot be suspended by clauses in the mortgage deed that hinder the statutory right of redemption. The court emphasized that the mortgagor's right to redeem must be affirmed, and decreed accordingly in both suits. The judgment highlighted that the mortgagor, despite succeeding in the appeals, was responsible for the prolonged litigation and incurred expenses due to procedural delays. As a result, the court did not interfere with the lower courts' orders on costs and denied the mortgagor any costs for the appeals. The decrees of the lower courts were discharged, except for the payment of costs by the mortgagor. The court directed the issuance of a preliminary decree for redemption in both suits, excluding the period of possession by the mortgagee for the purpose of accounting. Additionally, the decree provided for the sale of the mortgaged property if payment was not made on the fixed day. The case was remitted to the Court of the Judicial Commissioner of Oudh for further proceedings in line with the court's opinion, with no specific order regarding the costs of the appeals.
|
