“Once a mortgage, always a mortgage”

CA No. 4594 OF 2010 titled SHANKAR SAKHARAM KENJALE (DIED) THROUGH HIS LEGAL HEIRS …APPELLANT(S) VERSUS NARAYAN KRISHNA GADE AND ANOTHER dated April 17, 2020

14. It is well-settled that the right of redemption under a mortgage  deed can come to an end or be extinguished only by a process known to law, i.e., either by way of a contract between the parties to such effect, by a merger, or by a statutory provision that debars the mortgagor from redeeming the mortgage. In other words, a mortgagee who has entered into possession of the mortgaged property will have to give up such possession when a suit for redemption is filed, unless he is able to establish that the right of redemption has come to an end as per law. This emanates from the legal principle applicable to all mortgages – “Once a mortgage, always a mortgage”
A bare reading of this provision indicates that if a mortgagee, by availing himself of his position as a mortgagee, gains an advantage which would be in derogation of the right of the mortgagor, he must hold such advantage for the benefit of the mortgagor.
17. In the instant case, we find that the conditions stipulated under Section 90 of the Indian Trusts Act, 1882 are satisfied

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