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Nihali Vs. Mittar Sen and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1898)ILR20All446
AppellantNihali
RespondentMittar Sen and ors.
Excerpt:
act no. iv of 1882 (transfer of property act) sections 86 and 87 - mortgage--redemption--redemption possible at any time prior to the passing of the order absolute under section 87. - blair and burkitt, jj.1. we concur with the judgment and the reasons for that judgment riven by the calcutta court in the case of poresh nath mojumdar v. ramjodu moiumdar i.l.r. 6 cal. 246, which has been acted upon by a bench of this court in the case of raham ilahi khan v. ghasita i.l.r. 20 all. 375. in this case a decree was made under section 86 of the transfer of property act, but had not been brought to maturity by an order absolute under section 87. the money to be paid for redemption of the mortgage was tendered and deposited in court. in our opinion, if the sum tendered were sufficient, it ought to have b?en accepted and an order given for redemption. that must now be done. we allow the appeal. the appellant will have his costs.
Judgment:

Blair and Burkitt, JJ.

1. We concur with the judgment and the reasons for that judgment Riven by the Calcutta Court in the case of Poresh Nath Mojumdar v. Ramjodu Moiumdar I.L.R. 6 Cal. 246, which has been acted upon by a Bench of this Court in the case of Raham Ilahi Khan v. Ghasita I.L.R. 20 All. 375. In this case a decree was made under Section 86 of the Transfer of Property Act, but had not been brought to maturity by an order absolute under Section 87. The money to be paid for redemption of the mortgage was tendered and deposited in Court. In our opinion, if the sum tendered were sufficient, it ought to have b?en accepted and an order given for redemption. That must now be done. We allow the appeal. The appellant will have his costs.


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