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april 1988

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.

MHADAGONDA RAMGONDA PATIL & ORS. vs SHRIPAL BALWANT RAINADE & ORS. · Niyam