Supreme Court of India · 1964-05-08
MURAMLAL vs DEV KARAN
- Citation / case number
- SC 1961/165
- Court
- Supreme Court of India
- Petitioner
- MURAMLAL
- Respondent
- DEV KARAN
- Author
- GAJENDRAGADKAR, P.B. (),HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,GUPTA, K.C. DAS,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that a stipulation in a mortgage deed that transfers ownership to the mortgagee after 15 years is a clog on the equity of redemption and thus unenforceable. The Court emphasized that the equitable principles of justice, equity, and good conscience apply even in jurisdictions where the Transfer of Property Act was not in force at the time of the mortgage. The Rajasthan High Court's decision to allow redemption was upheld, affirming the mortgagor's right to redeem the mortgage despite the expiration of the stipulated period.