http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8
PETITIONER: GANESHI LAL
Vs.
RESPONDENT: JOTI PERSHAD.
DATE OF JUDGMENT: 07/11/1952
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA MUKHERJEA, B.K. BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 1 1953 SCR 243 CITATOR INFO : F 1979 SC1937 (29,30)
ACT: Mortgage-Co-mortgagors-Redemption of entire mortgage by co- mortgagor paying less than amount really due-Right to contribution from others- Whether limited, to their share on amount actually paid-principles of equity.
HEADNOTE: On principles of equity, justice and good conscience, which apply to the Punjab (where the Transfer of Property Act, 1882, is not in force) if one of several joint mortgagors redeems the entire Mortgage by paying a s less than the-full amount due under the mortgage, he is entitled to receive from his co-mortgagors, only their proportionate shares on the amount actually paid by him. He is not entitled to claim their proportionate shares on the amount which was due to the mortgagee under the terms of the mortgage on the date of redemption. Hodgson v. Shaw (40 E. R. 70), Digambar Das v. Harendra Narayan Panday [(1910) 14 C.W.N. 6171 and Suryanarayana v. Sriramulu [(1913) 25 M.L.J. 16] referred to. Judgment of the High Court of Punjab at Simla affirmed.
JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 166 of 1951. Appeal from the Ju...