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march 1961

Supreme Court of India · 1961-03-14

MRITUNJOY PANI AND ANOTHER vs NARMANDA BALA SASMAL AND ANOTHER

Citation / case number
SC 1957/60062
Court
Supreme Court of India
Petitioner
MRITUNJOY PANI AND ANOTHER
Respondent
NARMANDA BALA SASMAL AND ANOTHER
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 90 of the Indian Trusts Act, 1882, a mortgagee who defaults in obligations cannot benefit from their wrongful act. The court established that the relationship of mortgagor and mortgagee continues even if the mortgagee purchases the property due to their own default, as such a purchase is deemed to be in trust for the mortgagor. Consequently, the mortgagor retains the right to redeem the mortgage, and the suit for redemption was deemed maintainable.

MRITUNJOY PANI AND ANOTHER vs NARMANDA BALA SASMAL AND ANOTHER · Niyam