Supreme Court · 1964 INSC 155 · Decided 8 May 1964
Sri Jagadguru Kari Basava Rajendraswami of Gavimutt v. Commissioner of Hindu Religious Charitable Endowments, Hyderabad
- Court
- Supreme Court of India
- Citation
- 1964 INSC 155 · [1964] 8 S.C.R. 252
- Case number
- CIVIL APPEAL No. 745/1963
- Decided
- 8 May 1964
- Bench
- P.B. GAJENDRAGADKAR, M. HIDAYATULLAH, J.C. SHAH, RAGHUBAR DAYAL, S.M. SIKRI (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 19(1), 19
Headnote
v. Dev Karan Gajendragadkar C. I. 1964 -May, 8 SUPREME COURT REPORTS Thus, it is clear that the equitable principle of justice, equity .and good conscience has been consistently applied by Civil Courts in dealing with mortgages in a substantial part of Rajasthan and that lends support to the courts were empowered to ignore that stipulation and enforce the mortgagor's right to redeem, subject, of course, to the general law of limitation prescribed in that behalf. We are, therefore, satisfied that no case has been made out by the appellant to justify our interference with the
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