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november 2024

Supreme Court of India · 2024-11-19

Leela Agarwal vs Sarkar

Citation / case number
2024 INSC 946
Court
Supreme Court of India
Petitioner
Leela Agarwal
Respondent
Sarkar
Author
Vikram Nath
Bench
Vikram Nath

Judgment text excerpt

The Supreme Court upheld the decision of the Chhattisgarh High Court affirming the Trial Court's decree in favor of the plaintiff, allowing redemption of the mortgage under Section 58(b) of the Transfer of Property Act, 1882. The Court ruled that the condition in the mortgage deed converting it into a sale upon default constituted a clog on the equity of redemption, thus invalidating the defendant's claim of ownership. The appeal was dismissed, affirming the plaintiff's right to redeem the mortgage by paying ₹1,20,000.

Leela Agarwal vs Sarkar · Niyam