SETH GANGA DHAR vs SHANKAR LAL & OTHERS

The Supreme Court held that Section 60 of the Transfer of Property Act, 1882, empowers the court to relieve a mortgagor from a bargain that restricts his right to redeem a mortgage, provided the bargain is unconscionable. In this case, the court found that a term preventing redemption for eighty-five years was not a clog on the equity of redemption, as the parties were on equal footing. However, the term that the mortgagor would lose his right to redeem after six months was deemed a clog and therefore invalid, but did not affect the validity of the eighty-five-year term.