Case Comment On Ganga Dhar V. Shankar Lal: The Right Of Mortgagor To Redeem Under Section 60 Of The Transfer Of Property Act, 1882
Nayana J M, School of Law, Christ University
GANGA DHAR V. SHANKAR LAL
AIR 1958 SC 770: 1959 SCR 509
Section 60 of the Transfer of Property Act, 1882 assigns the right of redemption on the mortgagor. It deals with the right of mortgagor to tender the money after the principal amount is due, and further, get the possession of the property or the documents restored with him from the mortgagee.
However, Section 60 is restricted by the proviso to the same, which states that it can only be exercised until it is not extinguished by any act of the parties or by decree passed by a court. Section 60 of the Transfer of Property Act has three main parts, which include: The right to Redemption, The Clog on Redemption and the principle which states, ‘Once a Mortgage, Always a Mortgage.’ The main essentials of Section 60 include the validity of the deed, the time period of the mortgage, the payment of money that is unpaid and the filing of a suit.