KIDAR NATH versus MANGAT RAI & ORS.

KIDAR NATH versus MANGAT RAI & ORS.

The legal representatives of the mortgagor are entitled to the benefit of s. 30 of the Punjab Relief of Indebtedness Act, 1934 in a suit for redemption. The suit is one in respect of a debt, and the Act debars decrees for sums larger than twice the amount actually advanced less excess received by the mortgagee. The Usurious Loans Act, 1918 does not apply to redemption suits concerning mortgages executed before its commencement. The amount declared as due under prior preliminary decrees does not change the calculation of what was actually advanced for s. 30 purposes.

Parties
Appellant: Kidar Nath; Respondents: Mangat Rai & Ors.
Jurisdiction
India
Judgment Date
31 October 1969
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated May 23, 1961 of the Punjab High Court in Regular First Appeals Nos. 184 of 1954 and 6 of 1955
Outcome
Appeals dismissed with costs.
Legal Topics
Anomalous Mortgage, Usurious Loans, Redemption of Mortgage, Legal Representatives/relief
Property Law Debt Relief Anomalous Mortgage Usurious Loans Redemption of Mortgage Legal Representatives/relief

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Parties

Kidar Nath

Appellant

Mangat Rai & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated May 23, 1961 of the Punjab High Court in Regular First Appeals Nos. 184 of 1954 and 6 of 1955

Legal Issues

  1. 1 Whether the legal representatives of a mortgagor are entitled to claim the benefit of s. 30 of the Punjab Relief of Indebtedness Act, 1934 in a suit for redemption.
  2. 2 Whether the benefit of the Usurious Loans Act, 1918 is available in respect of mortgages executed before the commencement of the Act.
  3. 3 Whether the amount declared as due under a preliminary mortgage decree is deemed to be the amount actually advanced for purposes of s. 30.

Ratio Decidendi

The legal representatives of the mortgagor are entitled to the benefit of s. 30 of the Punjab Relief of Indebtedness Act, 1934 in a suit for redemption. The suit is one in respect of a debt, and the Act debars decrees for sums larger than twice the amount actually advanced less excess received by the mortgagee. The Usurious Loans Act, 1918 does not apply to redemption suits concerning mortgages executed before its commencement. The amount declared as due under prior preliminary decrees does not change the calculation of what was actually advanced for s. 30 purposes.

Court Disposition

Appeals dismissed with costs.

Orders

  • One hearing fee.