share is only to redeem the whole mortgage and therefore, partial redemption is not possible in law. But, if the integrity of the mortgage ... broken, partial redemption can be allowed. Normally, a suit for partial redemption will only lie when the mortgagee has acquired a share in the equity
cross-objection by the defendants. On the point regarding partial redemption, the Subordinate Judge agreed with the Munsiff and dismissed the appeal. As regards ... dismissal of the appeal, the Subordinate Judge confirmed the decree for partial redemption and, therefore, the order remanding the case was without jurisdiction. It seems
this contention seems to me to be whether the right of partial redemption of a co-mortgagor, a party to the suit, survives under Order ... final decree for sale operates to extinguish the right of partial redemption. The mortgagor's right of redemption is a statutory right governed
declaration, that a mortgage-decree is not fit for execution, for partial redemption by payment of proportionate shares of the mortgage dues and for incidental ... obtain a transfer of the decree upon equitable terms, but for partial redemption upon payment of proportionate amounts to the real assignee of the decree
because the plaintiS in effect asked for a partial redemption of the mortgage. It is next argued that the suit is bad for defect ... that it is bad being in substance a suit for a partial redemption of the mortgage are bound up with the question whether the mortgage
have allowed redemption of the whole of the property as a partial redemption is opposed to the provisions of the Transfer of Property ... mentioned. But it is urged that the law is against a partial redemption and, therefore, the plaintiff should be allowed to redeem the whole
further contended that the suit was bad as it was for partial redemption. Defendants 4 and 6 supported the aforesaid contentions of defendants ... possessory mortgage; that the suit was not bad for partial redemption; that defendants 4 and 6 were entitled to Rs. 344.84 nP. as cost
urge that the 3rd
respondent had never argued the issue of partial
redemption of mortgage before the DRT. The
pleadings before the DRT reveal that ... respondent was never opposed to a partial
redemption, and his efforts were entirely to obtain
a higher price for the item of property that
Whether the Lower Appellate Court is legally justified in granting partial redemption and by that made the mortgage divisible?
2. Whether the Appellate Court decree ... first appellate Court is legally justified in granting a decree for partial redemption and by that made the mortgage divisible. The finding of the first
partial release with the knowledge of change of ownership of a part or the whole of the mortgaged properties that a partial redemption ... favour on which he can rely for claiming such partial redemption. The learned Judge points out that he has not been able to discover
