HAMZABI AND ORS. versus SYED KARIMUDDIN AND ORS.
On fulfillment of Section 53-A conditions, mortgagor's right of redemption under Section 60 is lost insofar as possession cannot be reclaimed. Petitioners performed all acts required except registration; thus, respondent is debarred from claiming possession.
- Parties
- Appellants: Hamzabi and others; Respondents: Syed Karimuddin and others
- Jurisdiction
- India
- Judgment Date
- 28 November 2000
- Procedural Posture
- Civil Appeal / Supreme Court Judgment After Remand From High Court
- Outcome
- Appeal allowed
- Legal Topics
- Equity of Redemption, Doctrine of Part Performance, Usufructuary Mortgage, Right to Retain Possession, Section 53 a Transfer of Property Act, Section 60 Transfer of Property Act
Case Brief
Summary, issues, holding and outcome
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Parties
Hamzabi and others
Appellants
Syed Karimuddin and others
Respondents
Procedural Posture
Civil Appeal / Supreme Court Judgment After Remand From High Court
Legal Issues
- 1 Whether Section 53-A of the Transfer of Property Act impacts the right of redemption under Section 60
- 2 Whether readiness and willingness to perform the contract under Section 53-A was proved
Ratio Decidendi
On fulfillment of Section 53-A conditions, mortgagor's right of redemption under Section 60 is lost insofar as possession cannot be reclaimed. Petitioners performed all acts required except registration; thus, respondent is debarred from claiming possession.
Court Disposition
Appeal allowed
Orders
- Judgment of High Court set aside
- Respondent debarred from claiming possession of mortgaged property
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