[DR. B.S. CHAUHAN AND FAKKIR MOHAMED

mortgaged – During subsistence of the mortgage, the land sold in auction by Revenue authorities for appropriation of agricultural income tax liabilities of the mortgagor – The land was purchased by the mortgagee – After about 30 years, mortgagor filing suit for redemption – Suit dismissed by trial court, but decreed by first appellate court and High Court – On appeal, held: Mortgagor not entitled to redemption – The sale of land in auction by Revenue authorities to the mortgagee has extinguished the redemption rights of the mortgagor – Under the contractual terms of the mortgage deeds, there was no obligation on the part of the mortgagee to clear the tax liability of the mortgagor – Obligation of the mortgagee to pay Government dues, can only be relatable to the dues, arising against the land mortgaged and not against the person of the mortgagor – Even under s.76(c) of th