Anandakumara MB (Lawyer) 10 February 2010

Vocate injunction

The mortgagor in the physical possession of the mortgaged property over 40 yrs till today . The mortgage deed was not redeemed by the mortgagor. As per the registered mortgage deed possession is with the mortgagee. The mortgage was executed in 1945. The mortgagee was granted by injunction but the mortgagor Appeal against the injunction.

Whether injunction can vacated or Not??

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N.K.Assumi (Advocate) 10 February 2010

Article 61 of the LA relates to 1.suit to redeem mortagages ans 2..suit to recover possession of immovable property. The first one is not restricted to the suit for redemption by the original mortgagor but govern all suits for redemption brought against the mortgagee by a person entitled to redeem the mortgge. A period of 30 years is the limit both for the suit to redeem or to recover possession. This right has been conferred by section 60 of the Transfer of proprty act. The right conferred by section 60 is caled the right to redeem and the suit to enforce such right is called the euit for redemption.