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PETITIONER: SETH GANGA DHAR
Vs.
RESPONDENT: SHANKAR LAL & OTHERS
DATE OF JUDGMENT: 15/04/1958
BENCH:
ACT: Mortgage-Mortgagor’s right redeem-Instruntent providing that mortgage shall not be redeemable for eightyfive years-Term, if a clog on the equity of redemption-Power of Court-Extent- Applicability-Transfer of Property Act, 1882 (4 of 1882), s. 60.
HEADNOTE: The rule against clogs on the equity of redemption embodied in s. 60 of the Transfer of-Property Act empowers the Court not only to relieve a mortgagor of a bargain whereby in certain circumstances his right to redeem the mortgage is wholly taken away, but also where that right is restricted. The extent of this latter power is, however, limited by the reason that gave rise to it, namely, the unconscionable nature of the bargain, which, to a court of equity, would afford sufficient ground for relieving the mortgagor of his burden, and its exercise must, therefore, depend on whether the bargain, in the facts and circumstances of any particular case, was one imposed on the mortgagor by taking advantage of his difficult and impecunious position at the time when lie borrowed the money. Vermon v. Bethell, (1762) 2 Eden 110; 28 E. R. S38 and D. and C. Kreglinger v. New Patagonia Meat and Cold Storage Company, Ltd., [1941] A.C. 25, relied on. Santley v. Wilde, (1913) L. R. 41 I. A. 84 and Mohammad Sher Khan v. Set...