Supreme Court of India · 2019-02-08
Shri Gowramma And Anr. vs Shri Kalingappa (D) Represented By Lrs. ...
- Citation / case number
- AIR 2019 SUPREME COURT 1012
- Court
- Supreme Court of India
- Petitioner
- Shri 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 held that under Section 60 of the Transfer of Property Act, 1882, a mortgagor has the right to redeem the mortgage at any time before the sale. The Court found that the High Court erred in quashing the trial court's decree for redemption and possession, which had been confirmed by the first appellate court. The Supreme Court reinstated the trial court's order, allowing the original plaintiffs to redeem the mortgage and regain possession of the property.