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april 1964

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.

BASMATI DEVI vs CHAMROO SAO AND ORS. · Niyam