Niyam v2 is live — start for just ₹100 — 200 credits to try

june 2017

Supreme Court of India · 2017-06-19

Allokam Peddabbayya vs Allahabad Bank .

Citation / case number
AIR 2017 SC 3069
Court
Supreme Court of India
Petitioner
Allokam Peddabbayya
Respondent
Allahabad Bank .
Author
Navin Sinha
Bench
Navin Sinha, Ranjan Gogoi

Judgment text excerpt

The Supreme Court held that under Section 59A of the Transfer of Property Act, 1882, the right to redeem a mortgage is extinguished upon the issuance of a sale certificate following a foreclosure decree. The Court ruled that the Plaintiffs, having purchased the property after the mortgage was created, could not claim the right to redeem as they were not parties to the original foreclosure suit. Consequently, the dismissal of the Plaintiffs' Suit O.S. No.96 of 1999 for redemption was upheld, affirming the auction purchaser's rights over the property.

Allokam Peddabbayya vs Allahabad Bank . · Niyam