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february 2005

Supreme Court of India · 2005-02-24

Mangal Prasad Tamoli (Dead) By Lrs vs Narvedshwar Mishra (Dead) By Lrs. & Ors

Citation / case number
AIR 2005 SUPREME COURT 1964
Court
Supreme Court of India
Petitioner
Mangal Prasad Tamoli (Dead) By Lrs
Respondent
Narvedshwar Mishra (Dead) By Lrs. & Ors
Bench
K.G. Balakrishnan, B.N. Srikrishna

Judgment text excerpt

The Supreme Court addressed the issue of whether a mortgage term of 60 years constituted a clog on the equity of redemption under the Transfer of Property Act, 1882. The Court held that such a long mortgage term is indeed a clog on redemption, thus allowing the plaintiff to redeem the property despite the expiration of the mortgage period. The Court reversed the lower courts' decisions that deemed the suit premature and upheld the right of the heirs to redeem the mortgaged property, emphasizing the importance of equitable principles in property law.

Mangal Prasad Tamoli (Dead) By Lrs vs Narvedshwar Mishra (Dead) By Lrs. & Ors · Niyam