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november 2000

Supreme Court of India · 2000-11-28

HAMJABI vs SYED KARIMUDDIN .

Citation / case number
SC 1988/68141
Court
Supreme Court of India
Petitioner
HAMJABI
Respondent
SYED KARIMUDDIN .
Author
RUMA PAL
Bench
RUMA PAL V.N.KHARE

Judgment text excerpt

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 not extinguished by the doctrine of part performance as outlined in Section 53-A. The Court reaffirmed that the mortgagor's right to redeem is a protected equitable right, which can only be extinguished through a registered conveyance or a court decree. The judgment clarified that the act of parties must be explicit to extinguish the right of redemption, thereby upholding the mortgagor's rights in this context.

HAMJABI vs SYED KARIMUDDIN . · Niyam