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 the mortgage term. The property had originally belonged to Mst. Toranto, whose successor Sukh Dei had sold her right of redemption to the plaintiff.
Separate suits for redemption of the same property were also filed by Dhanpati and Sukhi Lal, each claiming rights through alleged heirs or purchasers from the heirs of Mst. Toranto. The legal heirs of the original mortgagee contested all the suits.
By judgment dated 30 November 1955, the trial court dismissed all three suits. It held that Dhanpati and Sukhi Lal had failed to establish their claims as heirs or purchasers from the heirs of Mst. Toranto. It further held that the mortgage terms did not constitute a clog on redemption and that the suit filed by the plaintiff was premature.
