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SC Restores Dismissal as Premature Mortgage Redemption Suit Could Not Continue
Case Law Details
- Case Name
- Mangal Prasad Tamoli (Dead) By Lrs. Vs Narvedshwar Mishra (Dead) By Lrs. & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Mangal Prasad Tamoli (Dead) By Lrs. Vs Narvedshwar Mishra (Dead) By Lrs. & Ors. (Supreme Court of India)
The appeal before the Supreme Court arose from a long-standing dispute concerning a suit for redemption of a mortgage. The original suit was filed in 1950 by Narvedshwar Mishra against several defendants seeking redemption of a mortgage created on 26 January 1908 for a period of 60 years. The plaintiff contended that the stipulated mortgage period amounted to a clog on the equity of redemption and was therefore void, entitling him to redeem the property before expiry of...
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