Supreme Court of India · 2006-08-18
TUNDAL (D)BY LRS. vs MUNSHI
- Citation / case number
- SC 1995/14217
- Court
- Supreme Court of India
- Petitioner
- TUNDAL (D)BY LRS.
- Respondent
- MUNSHI
- Author
- Lokeshwar Singh Panta
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the decision of the High Court, affirming the dismissal of the appeals against the decree for possession of land by way of redemption under Section 4 of the Punjab Redemption of Mortgages Act, 1913. The Court clarified that the plaintiffs, as legal heirs of the original mortgagor Smt. Mohori, had the right to redeem the mortgaged property despite previous dismissals of related suits. The Court emphasized the importance of recognizing the rights of heirs in mortgage redemption cases, thereby reinforcing the legal principle that heirs can pursue redemption rights even after the original mortgagor's death.