SHRI SHIVDEV SINGH AND ANR. versus SH. SUCHA SINGH AND ANR.

SHRI SHIVDEV SINGH AND ANR. versus SH. SUCHA SINGH AND ANR.

A 99-year term in the mortgage deed is a clog on the equity of redemption, considering the mortgagor's financial hardship at the time of execution and the mortgagee's advantageous position. The right of redemption is statutory, cannot be fettered, and exists as long as the mortgage subsists. The courts below were correct in decreeing redemption before expiry of the 99-year period.

Parties
Appellant: SHRI SHIVDEV SINGH; Appellant: Another Appellant; Respondent: SH. SUCHA SINGH; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
31 March 2000
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Rs.a. No. 2897 of 1998
Outcome
Appeal dismissed
Legal Topics
Mortgage, Redemption, Clog on Equity of Redemption
Property Law Mortgage Redemption Clog on Equity of Redemption

Case Brief

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Parties

SHRI SHIVDEV SINGH

Appellant

Another Appellant

Appellant

SH. SUCHA SINGH

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Rs.a. No. 2897 of 1998

Legal Issues

  1. 1 Whether a 99-year term in the mortgage deed constitutes a clog on the equity of redemption
  2. 2 Whether the suit for redemption before expiry of 99 years is premature

Ratio Decidendi

A 99-year term in the mortgage deed is a clog on the equity of redemption, considering the mortgagor's financial hardship at the time of execution and the mortgagee's advantageous position. The right of redemption is statutory, cannot be fettered, and exists as long as the mortgage subsists. The courts below were correct in decreeing redemption before expiry of the 99-year period.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs