Supreme Court · 1999 INSC 392 · Decided 13 September 1999
State of Kerala and ORS. v. Kokiyat Estates
- Court
- Supreme Court of India
- Citation
- 1999 INSC 392 · [1999] SUPP. 2 S.C.R. 307
- Case number
- CIVIL APPEAL No. 2502/1994
- Decided
- 13 September 1999
- Bench
- K.T. THOMAS, D.P. MOHAPATRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 60
Headnote
B Transfer of Property Act, I 882: Section 60 last paragraph-Exception clause-Applicabi/ity­ Mortgage-Redemption of-Pro tanto reduction in mortgage money-Claim C of-By mortgagor-Conditions to be fulfilled- Mortgagor obtained loan from Bank by executing a mortgage deed-But by operation of the of the mortgaged property vested in the State Government free from afl encumbrances-Several years later Government paid mortgage debt to D the Bank and took assignment of mortgage right-Held: To invoke the exception clause two conditions must be fulfilled-One is share of mortgagor in the property
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