In case of Mortgaged lease, if the mortgagee obtains a renewal of the lease, the mortgagor upon redemption:
A. Shall not have the benefit of new lease
B. Shall have the benefit of new lease
C. Shall have the benefit of previous lease
D. None of the above
Answer: Option B
Solution(By Examveda Team)
1. Under the principles of equity and justice, any advantage or benefit acquired by the mortgagee in relation to the mortgaged property must be made available to the mortgagor upon redemption.2. If the mortgagee obtains a renewal of the lease during the period of mortgage, the benefit of such renewal lease will pass to the mortgagor.
3. This principle ensures that the mortgagee cannot take undue advantage of their position and must act in the best interest of the mortgagor.
4. Therefore, upon redemption, the mortgagor is entitled to the benefit of the renewed lease.
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