Gowramma (Shri) & Anr. vs. Shri Kalingappa (D) rep. by LRs. & Ors. – (SC)

Transfer of Property Act, 1882–Sec. 60–Specific Relief Act, 1963–Sec. 12–Extinguishment of mortgage deed–Appellants mortgaged the land in favour of B and handed over the possession to him–Thereafter, they executed the agreement of sale for the same land in favour of K–Suit for specific performance of sale agreement–Meanwhile, the mortgagee B assigned the mortgage in favour of N–Suit for specific performance was decreed with direction that the mortgagee/mortgage assignee will receive the mortgage amount and return the mortgage deed with endorsement and handover the possession to plaintiff K–K was put in the possession of property as he paid the amount–Execution filed by him was dismissed as not pressed–Thereafter, the appellants filed the suit for redemption of mortgage deed against the original mortgagee and K–Whether the suit could have been decreed ?–Held, no–High Court rightly set aside the judgment and decree as the mortgage had distinguished by the second part of judgment passed in the suit for specific performance.