Supreme Court · 2011 INSC 374 · Decided 10 May 2011

M/S. L.K. Trust v. Edc LTD. & ORS.

Court
Supreme Court of India
Citation
2011 INSC 374 · [2011] 7 S.C.R. 569
Case number
CIVIL APPEAL No. 4214/2011
Decided
10 May 2011
Bench
J.M. PANCHAL, CYRIAC JOSEPH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 136; Transfer of Property Act Section 60

Headnote

Transfer of Property Act, .1882 - ss. 60 and 54 - Right A B of redemption - Nature and scope of - When can be exercised and when extinguished - Held: Right of redemption C is a statutory right - A mortgage being a security for the debt, the right of redemption continues although the mortgagor inserted to prevent, evade or hamper redempti<y1 is void - Right of redemption is an incident of a subsisting mortgage and o subsists so long as the mortgage itself subsists - It stands extinguished on execution of conveyance and the registration of transfer of the mortgagor's interest

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