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      Question

      The maxim "once a mortgage always a mortgage" was

      applied in the case of-
      A Mardia Chemicals v. Union of India Correct Answer Incorrect Answer
      B Mritunjoy Pani And Another vs Narmanda Bala Sasmal And Another Correct Answer Incorrect Answer
      C State of Kerala v Cochin Chemical Refineries Ltd Correct Answer Incorrect Answer
      D Harish Chandra Hegde v. State of Karnataka and Ors. Correct Answer Incorrect Answer

      Solution

      This maxim was applied 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 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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