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Results of mortgage decree

Showing : 51-60 of 116 Results

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 18, Article 61(a) -- Usufructuary mortgage - Suit for redemption - Loan of Rs.300/- taken under a usufructuary mortgage - Mortgagee assigned mortgage in favour of `SI' - Assignee died leaving surviving his widow and son - Mortgagor filed suit for redemption - Mortgage debt stood discharged by S.9..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(d), 60 -- Usufructuary Mortgage - Right of Redemption - Concept explained - A usufructuary mortgage is transfer of an interest in immovable property by the owner (mortgagor) for securing the amount advanced by the creditor (mortgagee), under which possession of property is delivered to the mortgagee - Mortgagee enjoys the rents..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 34, Rule 8, 9, 10, 10A -- Usufructuary mortgage - Decree for redemption - Mesne profits - A decree for redemption of mortgage include a direction for entire accounts between the parties in relation to the mortgage - Direction of account arises only to find out what is due from the mortgagor to the mortgagee or whether there is any over..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 34, Rule 5, 8(3)(a) -- Mortgage - Redemption - Extinguishme nt of right of redemption - Unless it is specifically declared in final decree as to the extinguishment of the right of redemption, it continues till the confirmation of sale in pursuance to the decree - In the instant case there being no final decree as such right of mortgagor to..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 34, Rule 5, 8(3)(a) -- Mortgage - Redemption - Extinguishment of right of redemption - Unless it is specifically declared in final decree as to the extinguishment of the right of redemption, it continues till the confirmation of sale in pursuance to the decree - In the instant case there being no final decree as such right of mortgagor to..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61 -- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........

KERALA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 21, Rule 35 -- Mortgage decree - Execution - property cannot b sold in lots unless decree specifically provides for same - Plea of J.D. as to sale of property in portion only for realisation of decree debt - Not tenable...........

MADRAS HIGH COURT

Year of decision: 2004
Details

Civil Procedure Code, 1908, Section 73 -- Proviso (a) - Rateable distribution - Court sale of property which was under mortgage - Mortgagee of property is not entitled for rateable distribution in any surplus arising from the sale of such property in pursuance of a decree obtained by another decree holder - Mortgagee has to work out its remedy in the manner known to law in..........

RAJASTHAN HIGH COURT

Year of decision: 2004
Details

Civil Procedure Code, 1908, Order 21, Rule 36 -- Tenant - Redemption of mortgage - Tenant inducted by mortgagee - Property redeemed and remortgaged and tenancy continued - Held, as tenant was not inducted by mortgagor as such tenant is liable to be evicted in execution of final decree of redemption obtained against the second mortgagee...........

Showing : 51-60 of 116 Results