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february 2019

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.

Shri Gowramma And Anr. vs Shri Kalingappa (D) Represented By Lrs. ... · Niyam