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    Question

    Which of the following statements is true regarding suit

    for redemption of mortgaged property?
    A Mortgagor can bring the suit Correct Answer Incorrect Answer
    B Any creditor irrespective of decree for the same, can bring the suit Correct Answer Incorrect Answer
    C Any surety for the payment of the mortgage debt, can bring the suit Correct Answer Incorrect Answer
    D All a b & c Correct Answer Incorrect Answer

    Solution

    As per section 91 of the TP Act, 1882 - Persons who may sue for redemption: Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely:— a)    any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same; b)    any surety for the payment of the mortgage-debt or any part thereof; or c)    any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.

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