Supreme Court · 1996 INSC 931 · Decided 23 August 1996
Parichhan Mistry (Dead) BY LRS. and ANR. v. Achhiabar Mistry and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 931 · [1996] SUPP. 5 S.C.R. 161
- Case number
- CIVIL APPEAL No. 3902/1987
- Decided
- 23 August 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 60
Headnote
(DEAD) BY LRS. AND ANR. A v. ACHHIABA,R MISTRY AND ORS. AUGUST 23, 1996 (K. RAMASWAMY AND G.B. PATTANAIK, .J.J.) Transfer of Property Act, 1882: Section 60 proviso: Usuftuctuary m01tgage-Redemption of-Right of mortgagor-'Act of parties'-M01tgagor defaulted in payment of rent in respect of was held by him for be11efit of m01tgagor-Even if mortgagee paid decretal amount still m01tgagor's 1ight of redemption was not extinguished. The appellants-mortgagor filed a suit for redemption of land in respect of which a usufructuary mortgage has been executed in favour of the
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