Rule 7 of CPC : Rule 7: Preliminary decree in redemption suit.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh had mortgaged his house to Suresh for a loan of ₹10,00,000. After a few years, Ramesh decides to repay the loan and redeem his house.
Court Proceedings:
- Ramesh files a redemption suit in the court to reclaim his mortgaged house.
- Court's Preliminary Decree:
- The court orders an account to be taken of what is due to Suresh, including:
- Principal amount of ₹10,00,000.
- Interest on the mortgage, calculated to be ₹2,00,000.
- Costs of the suit awarded to Suresh, ₹50,000.
- Other costs and expenses incurred by Suresh, ₹20,000.
- The court declares the total amount due to Suresh as ₹12,70,000.
- The court directs Ramesh to pay ₹12,70,000 into the court within six months.
- The court orders an account to be taken of what is due to Suresh, including:
- Outcome:
- If Ramesh pays the amount within the stipulated time, Suresh must hand over all documents related to the mortgaged property to Ramesh and retransfer the property free from the mort...
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