Showing : 41-50 of 117 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34-- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor not on the date of mortgage but on the date..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62, 67, Limitation Act, 1963, Article 61(a)-- Right of usufructuary mortgagor to recover possession - Right to foreclosure or sale - When the right to redeem or possession accrues - Limitation of 30 years - The right to redemption or recover possesion accrues to the mortgagor on payment of sum secured, where rents and profits are to be set..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Article 61(a)-- Redemption of mortgage - Five years period for redemption - Suit filed within 30 years thereafter is within limitation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 34,, Rule 7, 8, Limitation Act, 1963, Section 6, 7, 8-- Redemption - Person under disability - Limitation - Extension of time to deposit the redemption money - Anomalous mortgage - Petitioner filed the suit for possession by way of redemption as minor through guardian on 27.11.1980 - Suit partly decreed on 29.10.1981 - Preliminary decree passed with..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137-- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is extended by..........
KERALA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 92, Limitation Act, 1963, Article 113-- Redemption of mortgage by a co-owner - Partition - Suit is governed by Art.113 Limitation Act and the starting point of limitation is when the right to sue accrues...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 61-- Plaint - Amendment - Sought at First Appellate stage - Application dismissed on ground of limitation - Suit for possession by way of redemption of land - Mortgage deed executed in the year 1922 for a period of 25 years - Right to redeem would arise after the expiry of time so fixed - Suit filed in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Punjab Redemption of Mortgages Act, 1913, Section 4, 8, 9, 12-- Redemption of mortgage - Limitation for filling civil suit after dismissal of petition u/s 4 of the Act - Petition for redemption of mortgage of land u/s 4 dismissed by Collector without recording any finding on merits - Civil suit for possession by way of redemption filed after one year of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61-- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash & ors...........

Showing : 41-50 of 117 Results