Hamzabi And Ors vs Syed Karimuddin And Ors

The Supreme Court examined the interplay between Section 53-A and Section 60 of the Transfer of Property Act, determining that the right of redemption under Section 60 is a fundamental equitable right that cannot be extinguished by mere acts of the parties unless formalized through a registered instrument. The Court emphasized that the doctrine of part performance under Section 53-A does not negate the mortgagor's right to redeem the property, thus reinforcing the principle that once a mortgage, always a mortgage. The Court held that the mortgagor retains the right to redeem unless explicitly extinguished by law or agreement, affirming the protective nature of these statutory provisions.