appellant by discharging the mortgage debt by his loan had subrogated himself to the rights of the decree-holder in Suit ... learned Subordinate Judge relied on the equitable doctrine of subrogation enunciated in the well-known decision of Butter v. Rice
claim in the present suit by the puisne mortgagees the right of subrogation under Section 92 , T.P. Act. The plaintiffs maintain that the vendees ... entitled to the right of subrogation In respect that (1) The part redemption in terms of covenants in the sale deeds, and (2) the prior
Sona Devi could not be subrogated. It was further contended that normally the interest created during the pendency of the suit remains effective subject ... Sona Devi, Defendant-Appellant was subrogated and possession could not be adverse. Section 52 of the Act operates in a wide field and even after
first, that they would stand in the shoes of Muthu Goundan by subrogation merely by discharging his debt, and, secondly, that they were persons entitled ... Transfer of Property Act or not, the right of subrogation was wider, and that, the daughters having discharged a burden on Venkatachellam's estate
consider whether in the circumstances of the case the appellants were subrogated to the position of Paras Ram. The point raised in this appeal ... circumstances of the present case is not entitled to be subrogated to the position of the first mortgagee. The earliest important case-on this point
respect of the suit property, he acquires the right to subrogate and gets all the rights of the first mortgagee-defendant No. 1 under Section ... property which he has done on 12-8-1962. He therefore subrogates to the claim under paragraph (3) of Section
JUDGMENT
Venkataramana Rao, J.
1. This appeal raises a question of subrogation. The facts necessary for the disposal of the same lie in a narrow ... said decree debt was satisfied. They therefore claim a right of subrogation in respect of the said sum on the ground that by their having
jointly to himself and the other co-mortgagors, the equitable doctrine of subrogation confers on him a right to reimburse himself for the amount spent ... applied to the facts of
this case. The rule of subrogation
does not enable the redeeming co-
mortgagor to claim to be the mortgagee
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
with which we are concerned in this second appeal is one of subrogation. The property concerned in the suit is a house which originally belonged ... reason of Section 92 of the Transfer of Property Act he is subrogated to the second mortgagee whose mortgage he has paid
