POMAL KANJI GOVINDJI vs HIRALAL DEVSLI KANSARA

The Supreme Court held that under Sections 60 and 76 of the Transfer of Property Act, 1882, long-term mortgages cannot be considered a clog on equity and are redeemable at the mortgagor's instance before the stipulated period. The Court ruled that tenants inducted by the mortgagee can be evicted upon termination of the mortgage, despite claims of statutory protection under the Bombay Rent Act. The Court affirmed the plaintiffs' right to redeem the mortgage and recover possession from the tenants, emphasizing the oppressive nature of the mortgage terms.