Supreme Court of India · 2005-02-24
MANGAL PRASAD TAMOLI(DEAD)BY LRS. vs NARVEDSHWAR MISHRA(DEAD)BY LRS. .
- Citation / case number
- SC 1997/4008
- Court
- Supreme Court of India
- Petitioner
- MANGAL PRASAD TAMOLI(DEAD)BY LRS.
- Respondent
- NARVEDSHWAR MISHRA(DEAD)BY LRS. .
- Author
- Srikrishna
- Bench
- K.G. BALAKRISHNAN & B.N. SRIKRISHNA
Judgment text excerpt
The Supreme Court addressed the issue of redemption of a mortgage under Hindu law, specifically examining whether a 60-year mortgage period constituted a clog on the equity of redemption. The Court held that the mortgage terms did not amount to a clog on redemption, affirming the lower courts' decisions that the suit was premature and that the plaintiff had no right to redeem the property. The judgment emphasized the importance of timely claims for redemption and the rights of heirs under the Hindu Succession Act.