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.