Release of part of mortgaged property by mortgagee - Motive for release, payment of dues to mortgage e promised by mortgagor - Release held absolute and unconditional.

Citation 

AIR 1970 SUPREME COURT 1717

SUPREME COURT (From Patna: AIR 1957 Patna 408)

M. HIDAYATULLAH, C.J.I., J. M. SHELAT, J. and C. A. VAIDIALINGAM, J.

Civil Appeals Nos. 1091 to 1130 of 1964, D/-5-9-1969

Kedarnath Lal (dead) by his legal representatives and another v. Sheonarain and others

(A)Transfer of Property Act (4 of 1882), S.60, S.8 - Mortgage - Release of part of mortgaged property by mortgage e - Conditional or absolute - Motive for release, payment of dues to mortgage e promised by mortgagor - But payment not made a condition of release - Release held absolute and unconditional.