Mortgage of property

Mortgagor being aggrieved filed suit for redemption and possession of mortgaged property, which was decreed in his favour subject to payment of specified amount

Appeal against the judgment of the Trial Court was rejected by Appellate Court and revision against judgment of Appellate Court was dismissed by the Chief Court

Validity

Petitioners/vendees had contended that on failure of mortgager to pay debt amount to mortgagee within the stipulated time, mortgagee who had become the real owner of the land in question, had rightly sold out land in question to them

Contentions of respondents were that "once a mortgage always a mortgage" and that the petitioners/vendees were well aware about the transaction of the suit land, who malafidely entered into the illegal purchase of the land in question; that responsibility of such illegal transaction was on the petitioners/vendees as respondents could not be held accountable for such illegal deal

Petitioners/vendees could not point out any illegality and infirmity in the judgment of Chief Court

Impugned judgment was well reasoned and well founded having been passed in accordance with law and facts of the case, and no interference was warranted

Petition for leave to appeal was converted into appeal by the Supreme Appellate Court and dismissed

Impugned judgment by the Chief Court was maintained.

Appellants were guarantors and assailed judgment and decree passed by Banking Court on the plea that no guarantees were executed by them, as the same were not available on Court record

Validity

Contention of appellants was contrary to record, where personal guarantees were available

Once given the guarantees, it was not open for appellants to wriggle out of it on a bald assertion that there was no guarantee available on record

Appellants failed to point out any illegality in judgment passed by Banking Court

Appeal was dismissed in circumstances.