Mortgage -- Redemption - So long the mortgage is subsisting, the mortgagors had the right to redeem the property...........
Bengal Regulation Act, 1806, Section 8 -- Mortgage - Foreclosure - Provision is mandatory - Petition to be presented to the Judge of the Zila or the City where the mortgaged property is situated - Presenting of petition to the Superintendent - It is a infirmity in the proceedings of foreclosure as the Legislature has intentionally omitted that such a petition could be..........
Consumer Protection Act, 1986, Section 21 -- Agricultural loan - Obtained against hypothecation of tractor - Collateral/mortgage of agriculture land - Complainant obtaining two F.D.Rs. - Balance loan amount realised out of maturity value of F.D.Rs. - Validity.
Held, law is well settled that by mercantile system the Bank has a general lien over all forms of securities or..........
Partition -- Property under mortgage - Redeemed by the co-owners-Concurrent findings of the Courts below that there was no private partition and all the co-sharers Jointly redeemed the property - Claim of the appellant that die plaint schedule property had fallen to his share through private partition was rejected - Appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Auction sale - Property sold for Rs.15, 000/- subject to discharge of the mortgage sum of Rs.40, 009/- Respondent mortgagee purchased himself the property for Rs.15, 100/- - Held that the sale conducted by the executing Court was illegal - Appellant, who deposited the entire decretal amount, which was withdrawn by the..........
Lease -- When tenanted premises are mortgaged in favour of the lessee, there is no automatic merger of the interest of the lessee with that of a mortgage - In absence of proof of surrender of the lease by the lessee, on redemption of the mortgage, the lessor is not entitled automatically to recover possession of the lease premises...........
Rent and Eviction -- Mortgage of house with the tenant - Implied surrender of tenancy - Concurrent finding of the Court's below that the terms of the mortgage-deed conclusively show that there was implied surrender of the tenant's rights - Held, there is do ground to interfere with the concurrent findings reached by the Courts below - Appeal dismissed...........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Redemption of mortgage - Proceedings pending before the Collector - Such proceedings are summary in nature and are not the suit proceedings within the definition of S.52 of the Act - Proceedings in this context would mean any such proceedings before a Court of competent jurisdiction which has trappings of a civil..........
Civil Procedure Code, 1908, Section 1l -- Pre mature application for redemption of mortgage - Dismissal of such application will not bar second application filed within time...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Decree based on mortgage - Bid by mortgagee - Only on getting permission from Court - Before granting permission Court to fix a reserve price and this reserve price should not be less than the amount then due under the decree...........
