Supreme Court of India · 1964-04-03
BASMATI DEVI vs CHAMROO SAO AND ORS.
- Citation / case number
- SC 1961/169
- Court
- Supreme Court of India
- Petitioner
- BASMATI DEVI
- Respondent
- CHAMROO SAO AND ORS.
- Bench
- GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court held that the liability of mortgagees to pay rent under the mortgage bonds does not extinguish the mortgagor's right to redeem the property, even if the mortgagees defaulted in rent payments. The Court clarified that the application of Section 90 of the Trusts Act is relevant, as the mortgagee's default contributed to the sale of the property in execution of a rent decree. The High Court's decision was reversed, affirming the right of redemption for the plaintiff.