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3 Indian J.L. & Legal Rsch. 1 (2021-2022)

handle is hein.journals/injlolw3 and id is 1 raw text is: Indian Journal of Law and Legal Research CASE COMMENT ON GANGA DHAR V. SHANKAR LAL: THE RIGHT OF MORTGAGOR TO REDEEM UNDER SECTION 60 OF THE TRANSFER OF PROPERTY ACT, 1882 Nayana J M, School of Law, Christ University GANGA DHAR V. SHANKAR LALI AIR 1958 SC 770: 1959 SCR 509 INTRODUCTION Section 60 of the Transfer of Property Act, 1882 assigns the right of redemption on the mortgagor. It deals with the right of mortgagor to tender the money after the principal amount is due, and further, get the possession of the property or the documents restored with him from the mortgagee. However, Section 60 is restricted by the proviso to the same, which states that it can only be exercised until it is not extinguished by any act of the parties or by decree passed by a court. Section 60 of the Transfer of Property Act has three main parts, which include: The right to Redemption, The Clog on Redemption and the principle which states, 'Once a Mortgage, Always a Mortgage.' The main essentials of Section 60 include the validity of the deed, the time period of the mortgage, the payment of money that is unpaid and the filing of a suit. FACTS The appeal arises out of a suit for mortgage created by Purushottamdas, who is now dead, on August 1, 1899. The mortgagee was Dhanrupmal. As per the mortgage instrument, the property had been usufructuary mortgaged and was left with the mortgagee to redeem a prior mortgage on the same along with one with a commercial mortgage refinancing system. The mortgage contract stated that after a period of eighty-five years, the mortgagor had to redeem the mortgage within six months, and if he didn't do the same, he would lose claim over the 1 Ganga Dhar v. Shankar Lal AIR 1958 SC 770: 1959 SCR 509 1 Volume II Issue II ISSN: 2582 8878

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