MURARILAL versus DEV KARAN

MURARILAL versus DEV KARAN

The equitable principle of justice, equity and good conscience, traditionally and consistently applied by civil courts in India, is applicable in the State of Alwar even though the Transfer of Property Act did not apply at the time. Therefore, stipulations creating a clog on the equity of redemption in a mortgage deed cannot bar the mortgagor's right to redeem the property, and the relevant clause is not enforceable against the respondent.

Parties
Appellant: Murarilal; Respondent: Dev Karan
Jurisdiction
India
Judgment Date
08 May 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment and Decree Dated March 28, 1958
Outcome
Appeal dismissed
Legal Topics
Mortgage, Clog on Equity of Redemption, Justice, Equity and Good Conscience, Mortgage by Conditional Sale, Statutory Application
Property Law Equity Mortgage Clog on Equity of Redemption Justice, Equity and Good Conscience Mortgage by Conditional Sale Statutory Application

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Parties

Murarilal

Appellant

Dev Karan

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment and Decree Dated March 28, 1958

Legal Issues

  1. 1 Whether the stipulation in the mortgage deed amounts to a clog on the equity of redemption and is enforceable in the State of Alwar where the Transfer of Property Act did not apply
  2. 2 Whether the equitable doctrine ensuring mortgagor's right of redemption after the expiry of the stipulated period applies

Ratio Decidendi

The equitable principle of justice, equity and good conscience, traditionally and consistently applied by civil courts in India, is applicable in the State of Alwar even though the Transfer of Property Act did not apply at the time. Therefore, stipulations creating a clog on the equity of redemption in a mortgage deed cannot bar the mortgagor's right to redeem the property, and the relevant clause is not enforceable against the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails
  • Appeal dismissed with costs