Law:

Section:

Mortgage-----   ----Subrogation procedure does not come into existence unless whole mortgage is redeemed-Redemption of whole mortgage by co-sharer merely means extinguishing whole connection of original mortgagee-Co-sharer redeeming mortgage -Such co-sharer becomes mortgagee of other co-sharers.   ORDER   H. A. MAJID.------These three revision cases have arisen from a dispute between the two co-sharers of certain property which was mortgaged before 1901. One of the co-sharers redeemed the mortgages relating to the land in 1925 or so. The other party who did not join in the transaction of redemption at that time wants his share to be restituted under the Restitution of Mortgaged Lands Act, 1938.   The party of the present petitioners represent the co sharer who paid off the mortgagees in 1925. They claim that the mortgages were redeemed in full at that time and that, therefore, the relationship between the two parties could not be described as a relationship which had come into existence before 1901. There is no doubt that the subrogation procedure does not come into existence unless the whole mortgage is redeemed, but this does not mean that the mortgage by the other co-sharer goes out of existence. The redemption of the whole mortgage merely means extingui shing the whole connection of the original mortgagee, When subrogation is stated to mean that the…