SETH GANGA DHAR versus SHANKAR LAL & OTHERS

The clause requiring redemption only within six months after eighty-five years and then converting the deed into a sale was invalid as a clog on redemption; however, the mere length of eighty-five years as the mortgage period was not by itself unreasonable or oppressive and was enforceable. The suit filed before expiry of the period was premature.

Parties: Appellant: Seth Ganga Dhar; Respondents: Shankar Lal & Others
Jurisdiction: India
Judgment Date: 15 April 1958
Procedural Posture: Civil Appeal / Supreme Court Appeal From the Judicial Commissioner at Ajmer
Outcome: Appeal dismissed
Legal Topics: Mortgages, Equity of Redemption, Clogs on Redemption

Property Law Mortgages Equity of Redemption Clogs on Redemption

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 6

Parties

Seth Ganga Dhar

Appellant

Shankar Lal & Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From the Judicial Commissioner at Ajmer

Legal Issues

1 Whether the term postponing redemption of a mortgage for eighty-five years amounts to a clog on the equity of redemption under section 60 of the Transfer of Property Act, 1882
2 Whether the term limiting redemption to a six-month period after eighty-five years and converting the deed to a sale if not redeemed is valid

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Suit for redemption held premature; eighty-five year period term enforced; invalidity of the six-month restriction does not affect validity of the term regarding period of mortgage; appellant's suit dismissed with costs