SANGAR GAGU DHULA Vs. SHAH LAXMIBEN TEJSHI

JUDGEMENT

(1.) .This appeal has been placed before this Bench for consideration of specific questions framed by the learned single Judge who was hearing this appeal, on the facts and circumstances as under.

(2.) . The original plaintiff as mortgagor had mortgaged his property, being a residential house with appurtenant land, with the defendant-mortgagee. The consideration for the same was taken by the mortgagor in the sum of Rs. 11000/-. The mortgage deed specifically contemplated that this consideration will be repayable by the mortgagor to the mortgagee on the expiry of 99 years from the date of the transaction (the deed of mortgage), and on the consideration being repaid, the mortgagor shall be entitled to redemption of the property.

(3.) . The mortgage deed was executed on 15th December, 1914. However, before the expiry of the stipulated period of 99 years, the heirs of the mortgagor sought to redeem the property by filing a suit on 5th February, 1974. The redemption was sought before the expiry of the stipulated period on the specific averment and contention that the period of 99 years before which redemption could not be enforced was an oppressive term and would in law amount to "a clog on the equity of redemption".