Sec.60,62 and Sec.111 of T.P. Act - Clog on Redemption of Mortgaged Property - suit for eviction of Tenants created by Mortgagee - suit dismissed as Tenants are recognized tenants of Mortgagor , No suit is maintainable as he ought to have file a Rent control case - Whether the clog on redemption is valid and is maintainable ?-- 2015 S.C.(2014) MSK Law Reports 3
On 25th August 1969, the plaintiffs redeemed the mortgaged properties by depositing a sum of Rs.29,000/- . The cause of action for filing the present suit arose on account of the fact that physical possession of the suit property was not handed over to the plaintiffs even after the redemption of the mortgaged property. The defendants 1 and 2 are said to have rented out portions of the suit property to defendants 3 to 14. Since the defendants failed to deliver possession, the plaintiffs filed a suit for possession and recovery of damages. “Whether the suit is barred under the provisions of the Rent Restrictions Act?” The Trial Court decided the case on all 11 issues and held that ...