Suit for redemption of mortgage - lessee of a mortgagee is not a necessary party to a suit for redemption.

Citation 

2022-1-L.W. 618

BEFORE THE MADURAI BENCH MADRAS HIGH COURT

OF Judgment reserved on: 23.12.2021 Judgment pronounded on: 19.01.2022

S.A.No.1718 of 2002 R.Vijayakumar, J.

Govindaraj (died) & others...Appellants

Vs

... Respondents

Valliammal(died) PRAYER Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 30.10.1995 and passed in A.S.No.50 of 1994 on the file of the learned District Judge, Kamarajar District at Srivilliputhur, reversing the judgment and decree dated 02.07.1993 passed in OS No.280 of 1989 on the file of the learned Additional District Munsif, Srivilliputhur.

Transfer of property act, Section 60, redemption of mortgage, lessee, if a necessary party

Suit for redemption of mortgage and recovery of possession Relationship between the mortgagor and mortgagee established by plaintiffs - plaintiffs entered into the shoes of the mortgagor and entitled to redeem para 11

Court can mould relief by granting redemption of mortgage and delivery of possession for a lesser extent - In a suit in redemption, only mortgagee is a necessary party and a lessee property is not a necessary party para 13

held: lessee of a mortgagee is not a necessary party to a suit for redemption. of mortgage suit is not bad for non joinder of necessary parties - Defendant has not raised any plea relating to

Postal No.36

Thank you

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