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november 1952

Supreme Court of India · 1952-11-07

GANESHI LAL vs JOTI PERSHAD.

Citation / case number
SC 1951/37
Court
Supreme Court of India
Petitioner
GANESHI LAL
Respondent
JOTI PERSHAD.
Bench
AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court ruled that under principles of equity applicable in Punjab, a co-mortgagor who redeems a mortgage by paying less than the total amount due is entitled to recover only the proportionate share from other co-mortgagors based on the amount actually paid, not the total due. The Court affirmed the High Court's judgment, emphasizing that the redemption was for the individual benefit of the co-mortgagor and not on behalf of the joint family. The appeal was dismissed, upholding the lower courts' findings regarding the nature of the mortgage and the rights of the parties involved.

GANESHI LAL vs JOTI PERSHAD. · Niyam