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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. .

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.

MANGAL PRASAD TAMOLI(DEAD)BY LRS. vs NARVEDSHWAR MISHRA(DEAD)BY LRS. . · Niyam