Right Of Equity Of Redemption Of Mortgage Is Subsidiary To Right Of Ownership
Case: Narayan Deorao Javle (Deceased) Vs. Krishna
Coram: Justices Hemant Gupta and AS Bopanna
Case No: CA 4726 OF 2021
Court Observation: “19. The equity of redemption is a right which is subsidiary to the right of ownership. Such right is not over and above the right of ownership purchased by the plaintiff. The expression equity of redemption is a convenient maxim but an owner, who has stepped into the shoes of the mortgagor, after the purchase from the mortgagor but before filing a suit for foreclosure is entitled to redeem the property in terms of Section 60 of the Act.”
“The decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed.”
[doc id=8082]
Previous Judgments
Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court – Directly Download Judgment
Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court – Directly Download Judgment -Download Judgement
God Will Forgive Us If Religious Institutions Are Affected By National Highway Development: Kerala High Court – Directly Download Judgment
Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court – Directly Download Judgment
Key Words
Right to equity, Redemption Of Mortgage, Right Of Ownership, Supreme Court, Judgement
