Supreme Court of India · 2001-05-02
Surendra Kumar vs Nathulal & Anr
- Citation / case number
- AIR 2001 SUPREME COURT 2040
- Court
- Supreme Court of India
- Petitioner
- Surendra Kumar
- Respondent
- Nathulal & Anr
- Author
- D.P.Mohapatra
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Supreme Court addressed the issue of mortgage redemption under the Transfer of Property Act, holding that the appellant, Surendra Kumar, had the right to redeem the mortgage as per Section 60 of the Act. The Court emphasized that the gift deed executed by Smt. Chand Bai in favor of the appellant was valid and not collusive, thus entitling him to possession of the property upon payment of the mortgage amount. The Court set aside the lower court's dismissal of the appellant's suit, allowing the appeal and restoring the trial court's decree.