Suit for redemption of mortgage
Ramasamy
(Querist) 26 November 2011
This query is : Resolved
Dear Sir,
In a suit for redemption of mortgage, the court directs the plaintiff/mortgagor to redeem the property within two months by depositing the mortgage-money alongwith interest.
But the mortgagor failed to deposit the mortgage-money alongwith interest within the stipulated period of “two months” but deposited only after the expiry of four months.
What will be legal consequences since the plaintiff/mortgagor will lose his rights since he had failed to deposit the mortgage money within the stipulated period of two months?
Kindly advise me.
Thanks in advance to the learned Experts for your kind advice.
Raj Kumar Makkad
(Expert) 26 November 2011
It would have been better for such mortgagor to get the time enhanced as he was unable to deposit the money within the stipulated time. Anyhow, he can pray to the court to accept the money and redeem the mortgage. If court accept then condonation in delay shall be treated as granted and thus desired result shall occur for the plaintiff.
Devajyoti Barman
(Expert) 26 November 2011
If the court grants liberty to extend the time, which is most likely then the whole defect would be cured.
Rajeev Kumar
(Expert) 27 November 2011
I also agree with experts
Ramasamy
(Querist) 28 November 2011
Dear Sirs,
I convey my heartiest Thanks to all the learned Experts who have shared your valuable opinions on my query.
