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...........
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 receiving any money and entire mortgage-amount made a..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Mortgagor challenging defendant-mortgagee's right to auction mortgaged property, filed before auction took place - Subsequent suit for declaration that auction sale was void - Not barred...........
Court Fees, Section 7(iv)(c), Article 1 - - To avoid agreement - Ad valorem court-fee not payable - Agreements to sell or mortgage property do not create title in property and remain only agreements till enforced - Registered document affecting title in property if sought to be avoided - Plaintiff has to pay court-fee on value of property covered by document of title -..........
Punjab Tenancy Act, 1887, Section 4(5), 8, 77(3)(d) -- Land under tenancy mortgaged with tenant - Redemption of mortgaged land - Suit for declaration of occupancy rights by tenant after redemption of mortgage - Tenancy rights not merged or extinguished on account of mortgage - Entitled to be declared occupancy tenant - No inconsistency or incompatibility in one person..........
Court Fees Act, 1870, Section 7(iv)(c) -- Mortgage by father of joint Hindu family property - Mortgagee obtained decree against mortgaged - property - Suit by sons for declaration that mortgage null and void and ineffectual against them - Essentially suit for setting aside the decree or for consequential relief of injunction restraining the decree - holder from executing..........
