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In which 1964 decision did the Supreme Court of India apply the rule against clogs on the equity of…

In Murarilal v. Dev Karan, decided in 1964, the Supreme Court held that the mortgagee could not rely on the clause to defeat redemption. The Court applied justice, equity…

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In which 1964 decision did the Supreme Court of India apply the rule against clogs on the equity of redemption to an Alwar mortgage that purported to make the mortgagee the owner if the debt was not repaid within 15 years?

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Answer and explanation

Correct answer B

In Murarilal v. Dev Karan, decided in 1964, the Supreme Court held that the mortgagee could not rely on the clause to defeat redemption.

The Court applied justice, equity and good conscience in the absence of a governing statutory provision on the point in Alwar.

Option feedback

Option A

Seth Ganga Dhar considered an 85-year mortgage term and a separate forfeiture clause.

Option B

Murarilal concerned the 15-year forfeiture clause in the Alwar mortgage.

Option C

Narandas Karsondas considered whether a contract to sell the mortgaged property extinguished redemption.

Option D

Pomal Kanji Govindji addressed clogs on redemption in a different set of mortgage transactions.

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