Case Note & Summary
The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1, the original Plaintiff, claimed to be the wife of Jinnappa Rama Khot, who mortgaged the suit property in favor of Respondent No.2 (original Defendant No.1) by a deed of mortgage by conditional sale dated 15th April 1971. The mortgage was to be redeemed on or before 15th April 1976. The appellants, who were the daughters of Jinnappa Rama Khot, contended that they were co-mortgagors and had the right to redeem the property. The trial court had decreed the suit in favor of the Plaintiff, but the appellate court modified the decree, excluding the appellants from the right of redemption. The High Court admitted the Second Appeal on the substantial question of law whether the appellants were wrongly held to be excluded from the right to redeem. After hearing the parties, the Court allowed the appeal, holding that the appellants were co-mortgagors and entitled to redeem the property along with Respondent No.1. The Court set aside the impugned judgment and restored the trial court's decree, with the modification that the appellants could redeem the property along with Respondent No.1.
Headnote
A) Property Law - Mortgage by Conditional Sale - Right of Redemption - Co-mortgagors - The substantial question of law was whether the appellants, as co-mortgagors, were wrongly excluded from the right to redeem the mortgage property. The Court held that the appellants were entitled to redeem the property along with Respondent No.1, as they were co-mortgagors under the same mortgage deed. (Paras 1-2)
Issue of Consideration
Whether the appellants were wrongly held to be excluded from the right to redeem the mortgage property along with Respondent No.1 or to her exclusion.
Final Decision
Second Appeal allowed. Impugned judgment set aside. Trial court's decree restored with modification that appellants are entitled to redeem the property along with Respondent No.1.
Law Points
- Right of redemption
- Mortgage by conditional sale
- Co-mortgagor
- Exclusion from redemption
- Substantial question of law
