Supreme Court of India · 1962-05-04
PRITHI NATH SINGH AND OTHERS vs SURAJ AHIR AND OTHERS
- Citation / case number
- SC 1962/49
- Court
- Supreme Court of India
- Petitioner
- PRITHI NATH SINGH AND OTHERS
- Respondent
- SURAJ AHIR AND OTHERS
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that once the mortgage money is paid by the mortgagor, the mortgage ceases to exist as there is no debt remaining. The Court clarified that the right of redemption under Section 60 of the Transfer of Property Act, 1882, continues only as long as the mortgage is alive. The appeal was allowed, affirming that the respondents lost their right to recover possession after the estate vested in the State of Bihar under Sections 3 and 4 of the Bihar Land Reforms Act, 1950, and that no mortgage subsisted at the time of vesting.