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Question

In which of the following Indian Cases, the Supreme Court of India recognized the principle’ once a mortgage always a mortgage’.

A Smt. Indira Kaur vs. Shri Sheo Lal Kapoor Correct Answer Incorrect Answer
B Mrutunjay Pane vs. Narmada Bake Sasumal Correct Answer Incorrect Answer
C Chandi Rani vs. Kamal Rani Correct Answer Incorrect Answer
D Sidh Kamal Nayal vs. Bira Nayak Correct Answer Incorrect Answer

Solution

In the case of Mritunjoy Pani And Another vs Narmanda Bala Sasmal And Another on 14 March, 1961- "The position, in our opinion, is very clear and in the absence of any special statutory provision to the contrary is governed by s. 90, Trusts Act. The defendant is a mortgagee and, apart from special statutes, the only way in which a mortgage can be terminated as between the parties to it is by the act of the parties themselves, by merger or by an order of the Court. The maxim "once a mortgage always (1) A.I.R. 1954 S.C. 336. a mortgage" applies. Therefore, when the defendant entered upon possession he was there as a mortgagee and being a mortgagee the plaintiffs have a right to redeem unless there is either a contract between the parties or a merger or a special statute to debar them."

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