Showing : 1-9 of 9 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Transfer of Property Act, 1882, Section 62, Limitation Act, 1963, Article 61-- Usufructuary mortgage - Right to recover possession - Commences when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by mortgagor - Until then, limitation does not start for purposes of Article 61 of the Schedule to the Limitation..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Land Revenue Act, 1887, Section 45-- Khasra Girdawari - Correction of entries - Petitioner claiming to in possession as mortgagee and seeking correction of khasra girdawari entries which are made in the name of some other person - Petition dismissed by Financial Commissioner - Question as to who is in possession is a disputed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a)-- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the suit property -..........
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: 2006
Details
Adverse Possession-- Suit for declaration claiming to have become owner of the land by way of adverse possession - Plaintiff described differently in different revenue entries - Even at some points shown as mortgagee - A mere long possession can not be taken to be an adverse possession - No proof that the possession..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 34-- Suit for Declaration - Possession not claimed - Maintainability - Plaintiff-mortgagee filed a suit for declaration with consequential relief that mutation of redemption is illegal and ineffective - Admittedly plaintiff not in possession on the date of filing of the suit. Held - Mere suit for..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Limitation Act, 1963, Article 61-- Mortgage with possession - Can be got redeemed within 30 years from the date of mortgage - Property when not got redeemed within 30 years then mortgagee becomes owner by afflux of time - Suit for declaration filed by mortgagee that he has become owner by afflux of time decreed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Limitation, Section 18-- Roznamcha report recorded by Patwari of release of half of mortgaged land whether amounts to acknowledgment - Suit by mortgagees for declaration to be owners in possession of half of mortgaged land as right to redeem mortgage expired - Half of mortgaged land released by mortgagees without..........

Showing : 1-9 of 9 Results