The question (15 marks)
Once a mortgage, always a mortgage. Explain the rule against clogs on the equity of redemption, and discuss whether a long term fixed for redemption is by itself a clog, with reference to the decisions of the Supreme Court. (15 marks)
MU Module II, clog on the equity of redemption; pack ch. 04 and case briefs 12 to 14.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Sale, Mortgage and Charge of Transfer of Property.
Authorities you will need
- Ganga Dhar v Shankar Lal
- Pomal Kanji Govindji v Vrajlal Karsandas Purohit
- Shivdev Singh v Sucha Singh
- Santley v Wilde; Vernon v Bethell; Kreglinger v New Patagonia Meat and Cold Storage Co.; Jayasingh Dnyanu Mhoprekar v Krishna Babaji Patil
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.