Supreme Court · 1952 INSC 56 · Decided 7 November 1952
Ganeshi Lal v. Joti Pershad
- Court
- Supreme Court of India
- Citation
- 1952 INSC 56 · [1953] 1 S.C.R. 243
- Case number
- CIVIL APPEAL No. 166/1951
- Decided
- 7 November 1952
- Bench
- BIJAN KUMAR MUKHERJEA, N. CHANDRASEKHARA AIYAR, NATWARLAL HARILAL BHAGWATI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 109(c); Transfer of Property Act
Headnote
SUPREME COURT REPORTS GANESH! LAL v. • JOTI PERSHAD. [MuKHEHJEA, CHANDHASEKHAHA ArYAH and BHAGWATI JJ.J 243 Mortgage-Co-mortgagors-Redemption of entire mortgage by co-mortgagor paying less than amount really due-Right to contribu­ tion from others-Whether limited to their share on of several joint mortgagors redeems the entire mortgage by paying a sum less than the·full amount due under the mortgage, he is entitled to receive from his co-mortga­ gors only their proportionate shares on the amount actually paid by him. He is not entitled to claim their
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