Binu Krishnan vs Chellappan Pillai on 10 December, 2010
Author: Thomas P.Joseph
Bench: Thomas
Collector was held to
be bad in law as partial redemption could not be allowed. This led Sarwan
Singh, plaintiff, to file another application before ... mortgage being one single transaction, there could be no partial redemption in
respect of a portion of it. Ram Sarup then made a fresh application
redemption, it is not open to the mortgagor to claim partial redemption and that the mortgage debt was one and indivisible. The Privy Council
whether his suit will amount to a suit for partial redemption of the property in question. Mr. Gole further contended that if the provisions
also found to have become the owners of the equity of redemption in parts of the mortgaged property which were sold for arrears of revenue ... away by the recognition in Section 60 of the right of partial redemption where the mortgagee has become the owner of part of the mortgaged
first case was a case dealing with a question of partial redemption. The second case merely decided that a mortgagor who has realised part
argued that
when a mortgagee acquires a portion of the equity of
redemption, there is a complete extinguishment of the
mortgage. But it was held ... deals with the contingency in which a partial
redemption of a mortgage can be effected provided that a
person interested in a share only
preposition that a mortgage is
indivisible and there cannot be a partial redemption of a mortgage is too
well settled and I do not think
Under Section 60 of the Transfer of
Property Act, 1882, bars partial redemption of mortgage, but it is subject to
certain exceptions. The last paragraph ... achieved at one level, then it has to enable partial
redemption of the plot No.4 allotted to the plaintiff under Ext.A3 final
Under Section 60 of the Transfer of
Property Act, 1882, bars partial redemption of mortgage, but it is subject to
certain exceptions. The last paragraph ... achieved at one level, then it has to enable partial
redemption of the plot No.4 allotted to the plaintiff under Ext.A3 final