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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