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.