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august 2006

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.

Tundal (Dead) By L.Rs. & Ors vs Munshi & Ors · Niyam