https://www.taxtmi.com/caselaws?id=286484 The right of redemption under the Transfer of Property Act is an incident of every mortgage and cannot be rendered illusory by contract. Long duration alone is not a clog, but a combination of deferred redemption, accumulated interest payable only at term end, financial distress, and reconstruction clauses may make the bargain unconscionable and unenforceable to that extent. A mortgagee in possession generally cannot create a tenancy in urban property that survives redemption unless the mortgage deed clearly permits it or a statute enlarges tenant rights. A tenant inducted by the mortgagee therefore cannot resist delivery of possession after redemption under the Bombay Rent Act. en-us Fri, 04 Nov 1988 00:00:00 +0530 Fri, 28 Feb 2020 18:12:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286484 The right of redemption under the Transfer of Property Act is an incident of every mortgage and cannot be rendered illusory by contract. Long duration alone is not a clog, but a combination of deferred redemption, accumulated interest payable only at term end, financial distress, and reconstruction clauses may make the bargain unconscionable and unenforceable to that extent. A mortgagee in possession generally cannot create a tenancy in urban property that survives redemption unless the mortgage deed clearly permits it or a statute enlarges tenant rights. A tenant inducted by the mortgagee therefore cannot resist delivery of possession after redemption under the Bombay Rent Act. Case-Laws Indian Laws Fri, 04 Nov 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286484