Court rules mortgagor cannot redeem mortgagee early without contract. Appeal dismissed with costs.

The High Court of Madras ruled in favor of the usufructuary mortgagees, following the principle that a mortgagor cannot redeem the mortgagee before the specified term without a contract permitting it. As there was no evidence of such a contract, the court dismissed the appeal with costs.

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The High Court of Madras followed the Privy Council ruling in Bakhtawar Begam v. Husaini Khanaum, stating that a mortgagor cannot redeem the mortgagee before the specified term without a contract allowing it. The court ruled in favor of the usufructuary mortgagees, as there was no evidence of such a contract, and dismissed the appeal with costs.

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