AIR 2006 ALLAHABAD 47 ::2006 (1) All LJ 193 ::2006 (1) ABR (NOC) 119 (ALL) ::(2006) 100 RevDec 245 ::(2006) 62 All LR 245 ::(2006) 1 All WC 848

Allahabad High Court

Hon'ble Judge(s): Sunil Ambwani , J

Transfer of Property Act (4 of 1882) , S.91(a)— Persons who may sue for redemption - "Puisne mortgagee" - Prior mortgagee obtaining decree without impleading puisne mortgagee - He becomes entitle to sue for redemption of earlier mortgagee - Rights of puisne mortgagee are not affected if property is sold in execution of decree - Puisne mortgagee is assignee of equity of redemption, but he has to bring suit to enforce his right. A puisne mortgagee is a person who has an interest in the right to redeem the mortgaged property under the prior mortgage. He may institute a suit for redemption of the prior mortgage. Where a prior mortgagee obtains a decree without impleading the puisne mortgagee he becomes entitled to sue for redemption of earlier mortgage. If the property is sold in execution of the decree, the rights of puisne mortgagee are not affected, so long as there is no other prohibition in law. A puisne mortgagee is the assignee of the equity of redemption but he has to bring a suit to enforce his rights. S. 91 of the Act gives such a right to the subsequent mortgagee. He will fall within the entitlement of the person in sub-cl. (a) of S. 91, as a person who has an interest in or charge upon the mortgaged property, or in or upon the right to redeem the same. It was thus held that the auction purchaser of the mortgaged property stepped into t....