Civil Procedure Code, 1908 -- Mortgage suit - Preliminary decree passed - Amount to be paid in instalments - Default in payment of instalments - Limitation of three years for applying for final decree starts to run from the date of default in payment of any instalment - In the instant case D.H. issuing mandatory notice under Bengal Money Lenders Act and filed application..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Sale with condition of repurchase or mortgage by conditional sale - Interpretation of deed - Transferee put in possession in order to clear existing debt of Rs.1, 000/- and further to obtain another loan of Rs.1, 000/- and condition in deed requiring transferee to reconvey property to transferor if later repays Rs.2, 000..........
Transfer of Property Act, 1882, Section 59, 60, Limitation Act, 1963, Section 18 -- Mortgage - Redemption - Limitation - Oral mortgage for Rs.53 in 1893 - Original mortgagee sold mortgage right by registered deed in 1960 acknowledging existence of mortgage - Redemption suit filed in 1980 - Oral mortgage valid as possession given to mortgagor - Limitation for redemption..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Mortgage - Redemption - Right to redeem the mortgage would start running afresh from the date of acknowledgment - A suit could be filed within a period of 30 years...........
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..........
Agreement to sell -- Suit for specific performance - Plaintiff wanted to get a usufructuary mortgage - He cannot become the owner - The mortgagor has always the right to redeem the property within limitation - Court would not give directions to the respondents to execute a usufructuary mortgage in favour of the plaintiff - Advance paid ordered to be refunded alongwith..........
Limitation Act, 1963, Article 62 -- Loan advanced on execution of mortgage deed on 16.6.1970 and promissory note on 17.6.1970 - Mortgage deed stating that loan amount to be repaid in three equal instalments, the first to be repaid in June 1971 - Suit for recovery filed on 1.12.1982 within limitation under Art.62 of Limitation Act, having been brought within 12 years of the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for possession through redemption - Mortgagor is entitled to bring successive suits for redemption when the previous judgments do not extinguish the right of mortgagor to redeem the mortgage - Unless the equity of redemption is extinguished, a second suit for redemption by the mortgagor, if filed within the..........
Specific Relief Act, 1963, Section 9, Limitation Act, 1963, Article 54 -- Suit for specific performance of agreement to sell dated 23.6.1965-Sale deed to be executed on redemption of mortgage-Redemption done in 1970-Suit filed in 1984 - Article 54 Limitation is three years - Limitation starts to run on the date of redemption was done - Suit is barred by limitation...........
Limitation Act, 1963, Section 19, 30, Article 60 -- Acknowledgement, of fact regarding mortgage - Made in sale deed - Suit for redemption of mortgage filed within seven years from date of coming into force of Limitation Act - Not barred by limitation - Ss.19 & 30 are attracted...........
