Supreme Court of India · 2019-02-08
Smt. Gowramma And Anr. vs Shri Kalingappa (D) Represented By Lrs. ...
- Court
- Supreme Court of India
- Petitioner
- Smt. Gowramma And Anr.
- Respondent
- Shri Kalingappa (D) Represented By Lrs. ...
- Author
- M. R. Shah
- Bench
- M. R Shah, L. Nageswara Rao
Judgment text excerpt
The Supreme Court addressed the appeal against the High Court's decision that quashed the trial court's decree for redemption of mortgage under Section 60 of the Transfer of Property Act, 1882. The Court held that the original plaintiffs had the right to redeem the mortgage despite the subsequent possession taken by Kalingappa, as the mortgage was not extinguished. The Court reinstated the trial court's order, affirming the plaintiffs' entitlement to recover possession upon payment of the mortgage amount.