Summary
Purchasers of mortgaged property could not redeem after a final court auction and sale certificate extinguished the mortgage. Their derivative right was no better than the mortgagor’s, and the limitation period did not preserve an already extinguished right. Their knowledge of the mortgage and failure to challenge the auction also defeated the claim.
Issues
- Whether purchasers could redeem after completion of a court auction sale despite claiming nonjoinder in the mortgage proceedings.
Provisions considered
- Sections 60 and 91, Transfer of Property Act, 1882A purchaser may redeem derivatively, but the right ends upon its lawful extinguishment by court decree and completed sale. (¶ 8–15)
- Order XXXIV Rule 8, Code of Civil Procedure, 1908Redemption remained available before confirmation of sale, not after the completed sale and sale certificate on these facts. (¶ 16–22)
Held
- The purchasers knew of the mortgage, failed to challenge the auction or sale certificate, and later sought redemption alone. Their conduct and the completed court sale defeated their derivative claim. (¶ 9–15)
- A thirty-year limitation period does not revive a right already extinguished. Questions about a second redemption suit or a clog on redemption did not arise for decision. (¶ 13–15)
Result
Appeals dismissed; the High Court judgment rejecting redemption upheld.