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august 2006

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.

TUNDAL (D)BY LRS. vs MUNSHI · Niyam