GANESHI LAL versus JOTI PERSHAD

GANESHI LAL versus JOTI PERSHAD

Where one of several joint mortgagors redeems the entire mortgage by paying less than the sum due under the mortgage, he is entitled to receive from the others only their proportionate shares in the amount actually paid by him. He is not entitled to contribution for the full amount due to the mortgagee under the mortgage at the time of redemption. Equity, justice, and good conscience do not allow a co-mortgagor to profit at the expense of others by claiming more than what he paid.

Parties
Appellant: Ganeshi Lal; Respondent: Joti Pershad
Jurisdiction
India
Judgment Date
07 November 1952
Procedural Posture
Civil Appeal / Appeal From the Judgment and Decree Dated September 15, 1948 of the High Court of Judicature for the State of Punjab at Simla in Regular Second Appeal No. 1844 of 1945
Outcome
Appeal dismissed
Legal Topics
Mortgage, Redemption by Co Mortgagor, Contribution Among Joint Mortgagors, Subrogation, Partition
Property Law Equity Mortgage Redemption by Co Mortgagor Contribution Among Joint Mortgagors Subrogation Partition

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Parties

Ganeshi Lal

Appellant

Joti Pershad

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Decree Dated September 15, 1948 of the High Court of Judicature for the State of Punjab at Simla in Regular Second Appeal No. 1844 of 1945

Legal Issues

  1. 1 Whether a co-mortgagor who redeems the entire mortgage by paying less than the amount due can claim contribution from other co-mortgagors based on the full amount due under the mortgage or only the amount actually paid by him
  2. 2 Whether, in the absence of the Transfer of Property Act, the principles of equity, justice and good conscience limit the right of contribution

Ratio Decidendi

Where one of several joint mortgagors redeems the entire mortgage by paying less than the sum due under the mortgage, he is entitled to receive from the others only their proportionate shares in the amount actually paid by him. He is not entitled to contribution for the full amount due to the mortgagee under the mortgage at the time of redemption. Equity, justice, and good conscience do not allow a co-mortgagor to profit at the expense of others by claiming more than what he paid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Question of shares for partition to be determined by the trial court; case remitted to trial court for partition and delivery of possession according to the shares to which the plaintiffs may be found entitled.