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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Kundan Singh – Appellant
Versus
Joginder Singh – Respondent
| Table of Content |
|---|
| 1. overview of case and ownership details. (Para 1 , 2) |
| 2. contesting parties' positions on the claim. (Para 3 , 4) |
| 3. issues framed for court's determination. (Para 5 , 6) |
| 4. issues of redemption rights explored. (Para 10 , 11) |
| 5. mortgagor’s rights defined by law. (Para 12 , 13) |
| 6. impact of parties’ actions on redemption rights. (Para 14 , 15) |
| 7. clarification of jurisdiction and question framing. (Para 16) |
| 8. final ruling and dismissal of appeals. (Para 17 , 18 , 19) |
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. This order of mine shall dispose of two cases i.e. RSA No.1671 of 2000 and COCP No.2542 of 2015. The former is preferred by the appellants-defendants No.1 to 4 against the concurrent finding rendered vide judgments and decrees dated 31.03.1999 and 19.01.2000 passed by the learned trial Court and the learned 1st Appellate Court respectively whereby the suit for possession by way of redemption filed by contesting respondent No.1-plaintiff was decreed and the appeal preferred against the aforesaid judgment and decree by the appellants-defendants No.1 to 4, stood dismissed. The latter has been filed by the petitioners-defendants No.1 to 4 under Section 12 of the Contemp
The right of a mortgagor to redeem is legally upheld, and purchasing a share by mortgagees does not extinguish the mortgage right.
(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)....
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....
The court emphasized the need for substantial evidence in mortgage redemption proceedings and the preservation of mortgage integrity throughout contested litigations.
A usufructuary mortgagor can redeem the mortgage at any time; the right is not extinguished by the passage of 30 years, as affirmed by the Supreme Court.
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
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