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1917 Supreme(Mad) 167

V. Perumal Pillai – Appellant
Versus
R. M. M. R. M. Raman Chettiar – Respondent


JUDGMENT

1. We think this question must be decided with reference to the provisions of the Transfer of Property Act, and more especially of Section 60 which deals with the right to redeem. Redemption in England is an equitable relief which the Court allows on such terms as have been considered equitable in a long course of decisions. One of the established rules is not to allow redemption of any portion of the mortgaged property except on payment of the whole of the mortgage debt, and further limitations of the right to redeem are to be found in the doctrines of Tacking and Consolidation. In India the right is now governed by Section 60 which gives the mortgagor a right to redeem on payment or tender of the mortgage money but expressly provides that " nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except where a mortgagee, or if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgagor." This section ignores the equitable doctrine of consolidation which req


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