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may 1962

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.

PRITHI NATH SINGH AND OTHERS vs SURAJ AHIR AND OTHERS · Niyam