Supreme Court of India · 2008-03-13
CHANDRAKANT SHANKARAO MACHALE vs PARUBAI BHAIRU MOHITE
- Citation / case number
- SC 2007/3690
- Court
- Supreme Court of India
- Petitioner
- CHANDRAKANT SHANKARAO MACHALE
- Respondent
- PARUBAI BHAIRU MOHITE
- Author
- V.S. SIRPURKAR S.B. SINHA
- Bench
- V.S. SIRPURKAR S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the issue of mortgage redemption under the Transfer of Property Act, holding that the mortgagor's right to redeem the property is not extinguished by the mortgage itself. The Court emphasized that the possession of the property by the mortgagee does not equate to tenancy rights unless explicitly stated. The appeal was dismissed, affirming the lower court's decision that the plaintiffs were entitled to redeem the mortgage and regain possession of the property.