State the Power of Court to extend the time for payment in a suit for redemption?

Question: State the Power of Court to extend the time for payment in a suit for redemption?

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Answer

Where a person enters into the possession of the immovable property on the basis of an unregistered mortgage deed in his favour and remains in possession for more than 12 years, he acquires the status of a mortgage by the doctrine of prescription and so even though an unregistered mortgage deed is not a valid transaction for want of registration, the mortgagor is entitled to redeem the property.

The preliminary decree passed by the court, cannot be set aside on grounds that the suit was not properly framed. [V.A. Ibrahim v. V.T. Mohammad Ali, AIR 1998 Gujarat 31].

Thus there is a conditional preliminary decree passed in a suit for redemption when the plaintiff make payment into Court of all amounts due from him, and the Court shall on an application made by him on this behalf, pass a final decree or if such decree has been passed, an order-

1. ordering the defendant to deliver up the documents referred to in the preliminary decree and if necessary,
2. ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the said decree and also, if necessary,
3. ordering the defendant to put the plaintiff in possession of the property.

The Court has the power to extend the time at any time before the passing of a final decree for foreclosure or for sale. As soon as the time originally fixed by the Court expires without any extension of time, the power of the Court ceases and the Court becomes functus officio.

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