Court : Allahabad
Decided on : Jun-07-1932
Reported in : AIR1933All21
Sulaiman, C.J.1. The facts are fully stated in the judgment of my learned brother. So far _as the question whether after the integrity of the mortgage has been broken a co-mortgagor can, as of right, claim redemption of his share only, is concerned, I have no doubt that he cannot claim more. He is not entitled to take possession of the share of the other co-mortgagors against the will of the mortgagee. When the mortgagee has acquired a part of the mortgaged property, he is on the same footing as the other co-mortgagors. He cannot be compelled to hand over possession of the shares which do not belong to the plaintiffs. I do not think that any of the cases referred to by my learned brother is an authority for the proposition that if the mortgagee submits to the redemption of the whole property on payment of the whole amount due, the taking over possession of the other co-mortgagors' shares is unlawful and the redeeming co-mortgagor enters into adverse possession of those shares immediate...
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