In Brief
The appellants (mortgagors) sued to redeem a mortgage and recover possession of their land. The mortgagee had assigned the mortgage to another party, who received payment from a third party (Kalingappa) and handed over possession. The High Court dismissed the suit, holding that the mortgage was extinguished by the mortgagee's act of accepting payment and transferring possession. The Supreme Court upheld this decision, holding that while mortgagors have a right to redeem under Section 60 of the Transfer of Property Act, this right is extinguished when the mortgagee receives payment and transfers possession, even without formal endorsement on the deed.
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