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march 2006

Supreme Court of India · 2006-03-20

Prabhakaran & Ors vs M. Azhagiri Pillai (Dead) By Lrs. & Ors

Citation / case number
AIR 2006 SUPREME COURT 1567
Court
Supreme Court of India
Petitioner
Prabhakaran & Ors
Respondent
M. Azhagiri Pillai (Dead) By Lrs. & Ors
Bench
Arijit Pasayat, R. V. Raveendran

Judgment text excerpt

The Supreme Court held that the right of redemption of a usufructuary mortgage under Section 9 of the Tamil Nadu Debt Relief Act, 1979 is preserved despite the assignment of the mortgage. The Court emphasized that the assignment does not extinguish the original mortgage rights, and the plaintiffs' claim for redemption was valid. The appeal was allowed, affirming the lower court's decision to grant a preliminary decree for redemption of the mortgage.

Prabhakaran & Ors vs M. Azhagiri Pillai (Dead) By Lrs. & Ors · Niyam