GURUCHARAN KOERI AND ORS. versus BIBI SHAMSUNISSA

GURUCHARAN KOERI AND ORS. versus BIBI SHAMSUNISSA

The objection regarding maintainability of the suit for redemption as only for part of the mortgaged property is a mixed question of fact and law and should not have been raised for the first time before the High Court without consideration by the lower courts.

Source-derived case information.

Parties
Appellant: Gurucharan Koeri and Ors.; Respondent: Bibi Shamsunissa
Jurisdiction
India
Judgment Date
27 July 1993
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Redemption of Mortgage, Maintainability of Suit Part of Mortgaged Property
Civil Procedure Redemption of Mortgage Maintainability of Suit Part of Mortgaged Property

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Parties

Gurucharan Koeri and Ors.

Appellant

Bibi Shamsunissa

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a suit for redemption can be filed for only a part of the mortgaged property and whether such a plea can be raised for the first time in second appeal

Ratio Decidendi

The objection regarding maintainability of the suit for redemption as only for part of the mortgaged property is a mixed question of fact and law and should not have been raised for the first time before the High Court without consideration by the lower courts.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Case remitted back to the High Court for disposal in accordance with law