Supreme Court · 1981 INSC 204 · Decided 11 December 1981
Chhaganlal Keshavlal Mehta v. Patel Narandas Haribhai
- Court
- Supreme Court of India
- Citation
- 1981 INSC 204 · [1982] 2 S.C.R. 166
- Case number
- CIVIL APPEAL No. 1867/1970
- Decided
- 11 December 1981
- Bench
- V. BALAKRISHNA ERADI, R.B. MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 115; Transfer of Property Act Section 60
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 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 both sold the entire mortgagee rights and
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