Supreme Court of India · 1988-04-22
MHADAGONDA RAMGONDA PATIL & ORS. vs SHRIPAL BALWANT RAINADE & ORS.
- Citation / case number
- SC 1973/60350
- Court
- Supreme Court of India
- Petitioner
- MHADAGONDA RAMGONDA PATIL & ORS.
- Respondent
- SHRIPAL BALWANT RAINADE & ORS.
- Author
- M.M. DUTT
- Bench
- M.M. DUTT
Judgment text excerpt
The Supreme Court held that under Section 60 of the Transfer of Property Act, a mortgagor's right of redemption is extinguished only by the act of the parties or by a court decree. The Court clarified that a final decree in a suit for foreclosure or a final decree in a redemption suit must specifically declare the extinguishment of the right to redeem. In this case, since the earlier suit was neither a foreclosure suit nor did it involve a mortgage by conditional sale, the right of redemption was not extinguished, and the appeal was dismissed.