SC Restores Dismissal as Premature Mortgage Redemption Suit Could Not Continue

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 ter...