Damodar Gangadar vs Vamanrav Lakshman on 16 January, 1885

Bombay High Court
Damodar Gangadar vs Vamanrav Lakshman on 16 January, 1885
Equivalent citations: (1885) ILR 9 Bom 435
Author: W Wedderburn
Bench: N Haridas, Birdwood, W Wedderburn, Bart


W. Wedderburn, J.

1. In this case the mortgage bond contains certain stipulations under which the mortgagor engages to repay to the mortgagee any costs he may incur in suits brought against him by the mortgagor’s co-sharers, and also any debts charged upon the mortgaged property which the mortgagee may pay. The Commissioner, C. D., is of opinion that these are condition not necessarily connected with a mortgage pure and simple, and the question is, whether an additional stamp should be charged as for an indemnity bond? It appears to us that the question should be answered in the negative. Under the ordinary law” of mortgage, the mortgagor is bound, so long as the equity of redemption remains with him, to indemnify the estate against expenses incurred in protecting the title (vide Fisher on Mortgage, 3rd ed., Vol. II, page 947). The stipulations referred to do not appear to create any fresh obligation, and only tend to maintain in favour of the mortgagee the original security which is the purpose of the instrument.

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