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In a 1964 decision concerning a mortgage in Alwar, the Supreme Court applied the equitable rule against…

In Murarilal v. Dev Karan, decided in 1964 and reported as AIR 1965 SC 225, the Supreme Court applied the equitable rule against a clog on redemption to the Alwar mortgage.…

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In a 1964 decision concerning a mortgage in Alwar, the Supreme Court applied the equitable rule against clogs on redemption even though the Transfer of Property Act, 1882 did not govern the transaction. Which case was this?

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Answer and explanation

Correct answer C

In Murarilal v. Dev Karan, decided in 1964 and reported as AIR 1965 SC 225, the Supreme Court applied the equitable rule against a clog on redemption to the Alwar mortgage. The Transfer of Property Act did not govern the transaction, so the Court reasoned from justice, equity and good conscience.

Option feedback

Option A

Ganga Dhar discussed the rule against clogs, but was not the 1964 Alwar decision.

Option B

Shivdev Singh concerned whether the terms of a 99-year mortgage clogged the right to redeem. The 1964 Alwar decision was Murarilal.

Option C

Murarilal held that justice, equity and good conscience justified applying the rule against clogs in Alwar despite the absence of the Act's direct application to the transaction.

Option D

Jayasingh discussed the statutory right of redemption and did not decide the 1964 Alwar case.

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