Supreme Court · 2005 INSC 560 · Decided 10 November 2005
Harbans v. Om Prakash and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 560 · [2005] SUPP. 5 S.C.R. 141
- Case number
- CIVIL APPEAL No. 6580/1999
- Decided
- 10 November 2005
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act; Limitation Act
Headnote
B Transfer of Property Act, I 882-Section 60-Right of mortgagor to redeem,-land mortgaged JOO years ago without stipulating any redemption period and in possession of mortgagees since then-Mortgagee's case that C land not redeemed within limitation period as such became owner of land due to it can be redeemed at any point of time-Rule against clogs on the equity of redemption is that right to redeem cannot be taken away-Once a mortgage always a mortgage, as such always redeemable-Limitation Act, 1963. D It was appellant-plaintiff's case that more than 100 years ago, ancestors
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