Allokam Peddabbayya & Anr. v. Allahabad Bank & Ors.

Civil Appeal · 2017 INSC 481Decided 19 Jun 2017
Civil Appeal Nos. 2763-2764 of 2008
Justice Ranjan Gogoi · Justice Navin Sinha

Background

Defendants mortgaged their land to Allahabad Bank in 1979 by depositing title deeds. When the loan was not repaid, the Bank sued for foreclosure, obtained a decree in 1991, and the property was auctioned in 1993 with a sale certificate issued to the auction-purchaser in 1997. Meanwhile, the appellants had purchased the same property from the original owners in 1985 (before the auction concluded) and, after their earlier suit for injunction failed, filed a fresh suit in 1999 seeking to redeem the mortgage, claiming the Bank's foreclosure decree did not bind them since they were never made parties to it.

Decision Breakdown

The Supreme Court held that the proviso to Section 60 of the Transfer of Property Act extinguishes the right to redeem a mortgage once it ends "by the act of the parties or by decree of a court": here, the foreclosure decree followed by the auction sale and sale certificate. As purchasers of the equity of redemption, the appellants could claim no greater right than their predecessors-in-title had, and since no mortgage survived to be redeemed by the time they sued, their 1999 suit for redemption was misconceived. The Court also noted the appellants never challenged the auction sale or sale certificate itself, and had known about the mortgage at the time of purchase. Both appeals were dismissed, upholding the concurrent findings of the lower courts.

Lesson Learnt

A right to redeem a mortgage does not survive indefinitely merely because the 30-year limitation period hasn't expired, once a court decree for foreclosure is followed by a concluded auction sale and sale certificate, the right to redeem is legally extinguished, and buyers of mortgaged property must act (by seeking to be impleaded or challenging the sale) before that point, not after.

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