Supreme Court of India · 2006-08-18
Tundal (Dead) By L.Rs. & Ors vs Munshi & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 3022
- Court
- Supreme Court of India
- Petitioner
- Tundal (Dead) By L.Rs. & Ors
- Respondent
- Munshi & Ors
- Author
- Lokeshwar Singh Panta
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court upheld the application of Section 4 of the Punjab Redemption of Mortgages Act, 1913, affirming that the right of redemption is not extinguished merely due to the dismissal of a prior suit. The Court clarified that the heirs of the mortgagor can seek redemption despite previous dismissals, provided they establish their legal standing. The appeals against the High Court's dismissal were dismissed, reinforcing the principle that the right to redeem a mortgage persists unless explicitly extinguished by law.