THAKUR SINGH versus RAM BARAN SINGH & ORS.

THAKUR SINGH versus RAM BARAN SINGH & ORS.

Mortgagor is liable for payment of government revenue and cess as per terms of mortgage; mortgagee may add excess payments to mortgage money; deposit in court must include such payments for valid redemption. Where Section 77 applies, mortgagee has no liability to account other than payment of fixed reserve rent. Court denies mesne profits as deposit excluded relevant payments.

Parties
Appellant: Thakur Singh; Respondent: Ram Baran Singh; Respondent: Inder Singh; Respondent: Raj Kumar Mahto; Respondent: Sheo Sharan Singh (represented by sons)
Jurisdiction
India
Judgment Date
25 August 1972
Procedural Posture
Civil Appeals / Final Judgment on Appeal From High Court
Outcome
Appeals dismissed
Legal Topics
Mortgages, Redemption, Mesne Profits, Deposit Under Section 83, Accounting by Mortgagee
Property Law Civil Procedure Mortgages Redemption Mesne Profits Deposit Under Section 83 Accounting by Mortgagee

Case Brief

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Parties

Thakur Singh

Appellant

Ram Baran Singh

Respondent

Inder Singh

Respondent

Raj Kumar Mahto

Respondent

Sheo Sharan Singh (represented by sons)

Respondent

Procedural Posture

Civil Appeals / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether mesne profits are payable to mortgagor after deposit of mortgage money under Section 83 of Transfer of Property Act
  2. 2 Whether deposit of mortgage money must include government revenue and cess paid by mortgagee
  3. 3 Mortgagee's liability to account and mortgagor's liability for revenue and cess

Ratio Decidendi

Mortgagor is liable for payment of government revenue and cess as per terms of mortgage; mortgagee may add excess payments to mortgage money; deposit in court must include such payments for valid redemption. Where Section 77 applies, mortgagee has no liability to account other than payment of fixed reserve rent. Court denies mesne profits as deposit excluded relevant payments.

Court Disposition

Appeals dismissed

Orders

  • Respondents entitled to one set of costs in Supreme Court