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SUDESH BANSAL
Sampati Devi W/o Narsingh Lal – Appellant
Versus
Jagannath S/o Shri Gordhan – Respondent
JUDGMENT :
SUDESH BANSAL, J.
1. Both these first appeals have been filed under Section 96 CPC, assailing judgment and decree dated 10.10.1990 passed in Civil Suit No. 91/1980 (92/1979) passed by the Court of Additional District Judge No. 5, Jaipur City, Jaipur whereby and whereunder civil suit for redemption of mortgaged property and in alternative, for partition and redemption of half of the mortgaged property as also for delivery of possession, filed by plaintiffs has been decreed and a preliminary decree has been passed against defendants No. 1 and 2 to the effect that on making payment of half of the mortgage money of Rs. 19,999/- and half of the amount incurred in improvement/repairing of the mortgaged property i.e. 19,722/- along with interest thereupon, plaintiffs will be entitled for possession of the half portion of the mortgaged property after partition of same and further, to commence the partition, the Commissioner has been ordered to be appointed.
2. Plaintiffs being legal representatives of one of the mortgagor have challenged the impugned judgment dated 10.10.1990 by way of filing Civil First Appeal No. 47/1991 claiming that decree for redemption of mortgage should be p
The main legal point established in the judgment is that the right of a mortgagor to redeem a portion of the mortgaged property is permissible if the mortgagee has acquired interest in the whole or p....
Redemption of mortgage – Prayer for partition, while seeking prayer for redemption of mortgage in respect of portion of suit property, is maintainable.
The right of a mortgagor to redeem is legally upheld, and purchasing a share by mortgagees does not extinguish the mortgage right.
The right of redemption in usufructuary mortgages is not extinguished by time alone; however, failure to redeem within the stipulated period limits the mortgagor's rights, impacting partition claims.
The court emphasized the need for substantial evidence in mortgage redemption proceedings and the preservation of mortgage integrity throughout contested litigations.
(1) Equity of redemption means a right to redeem property based upon equitable principles. Right of redemption recognised under the Act is a statutory and legal right which cannot be extinguished.(2)....
A mortgage executed by a natural guardian without court permission is voidable against minors, and the limitation period for challenging such a mortgage is governed by Article 59 of the Limitation Ac....
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