defendant has the right to enforce the security by virtue of subrogation. As the prior mortgagee's suit to enforce the security is barred ... viewing it as a claim to enforce the security by virtue of subrogation, is also barred by time. In support of this ground the learned
Section 95 provides that a co-mortgagor in enforcing his rights of subrogation under Section 92 will be entitled to add to the mortgage money ... there was a certain amount of confusion in the law relating to subrogation. While Section 91 permitted redemption by a co-mortgagor, Sections
amount in Mortgage Suit No. 15 of 1939, they had acquired by subrogation the rights of the prior mortgagee on the basis of the mortgage ... Article 132 , Limitation Act , and secondly, that the plaintiffs had not been subrogated to the rights of the prior mortgagee, namely, the defendant fifth party
this appeal relates to the precise limits of the right of subrogation of one of several joint mortgagors who has discharged the entire mortgage-debt ... declaration that he had satisfied the entire mortgage debt, he had been subrogated to the rights of the mortgagees and was consequently entitled
mortgage amount of Rs.
1,25,000/-to be subrogated to the rights and priorities of
Daulatram under the mortgage dated January ... secured creditor who had discharged a prior
encumbrancer to be subrogated to the rights and priorities
of the mortgagee who he had redeemd, could nevertheless
defendants having redeemed the mortgage evidenced by Ext. C had been subrogated to the position of the mortgagee under that document and that the present ... that they are not therefore entitled to invoke the principle of subrogation in their favour. In this view, the learned Judge held that the present
March, 1980. The plaintiff 2 upon such payment issued a letter of subrogation dated 30th March, 1980 in favour of the plaintiff 1 which made ... cause of action in favour of the plaintiff 1 inasmuch as mere subrogation without assignment cannot vest the alleged cause of action of the plaintiff
which Sokkan and the other persons became entitled by virtue of being subrogated to the rights of Alagappan's mortgage, which they redeemed ... appellant is that a co-mortgagor on redemption becomes entitled to subrogation of the original mortgage, and that the appellant who seeks to redeem
paying off the mortgagee, entitled him to be subrogated to the rights of the mortgagee, that the plaintiff was not entitled to possession without redeeming ... mortgage right, he is not entitled in equity to be subrogated to those rights. The only other case quoted in second appeal on this point
enforcement of their rights of subrogation for having redeemed a prior mortgage existing upon the properties described in the schedule to the plaint. The material ... first mortgagee to whose rights and powers they claimed to be subrogated. The suit was contested by defendants 11 and 14 only, and their contentions
