Reviewed case brief

Seth Ganga Dhar v Shankar Lal

AIR 1958 SC 770

Any provision in a mortgage deed that extinguishes the mortgagor's right of redemption is a clog on redemption and void. "Once a mortgage, always a mortgage."

property-lawmortgageclog-on-redemptionsection-60once-a-mortgage
Court
Supreme Court of India
Year
1958
Subjects
Property Law
Reviewed
2026-06-30

Rule established

A clause making property absolutely mortgagee's upon default is a clog on redemption and void; once a mortgage, always a mortgage

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1958 SC 770

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.