Limitation Act, 1963, Section 18 -- Acknowledgment - Recital in a document can be treated as acknowledgement if a clear intention is expressed that the money was due under the mortgage and mortgagor had a subsisting right of redemption...........
Transfer of Property Act, 1882, Section 60 -- Redemption - Clog on equity of redemption - Mortgage for 99 years and mortgagee having right to effect improvements and entitled to recover the expenses at the time of redemption alongwith interest at the rate of 1% p.m. - Such clauses operate unfairly and unjustly against the right of redemption of the mortgagor and the same..........
Agreement to sell -- Suit for specific performance - Alternative prayer for redemption of mortgage not barred by Section 29 of Specific Relief Act. (Specific Relief Act, 1963, S.29)...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, Limitation Act, 1963, Article 61 - - Usufructuary mortgage - Redemption of - Limitation - Suit land mortgaged on 10.03.1943 - Original mortgagee sold his rights to defendant No.1 on 20.07.1957 by registered deed - Original mortgagor sold his right of redemption to the plaintiff vide sale deed dated 25.01.1960 -..........
Debentures -- Premature redemption - Debentures redeemable only on the expiry of the redemption period - Complainants not entitled for premature redemption of the debenture instruments and there is no deficiency in service on the part of the OP or its branches in this respect...........
Transfer of Property Act, 1882, Section 109 -- Mortgage - Tenancy created by mortgagee come to an end on redemption of mortgaged property unless the mortgage deed expressly records that a tenancy created by a mortgagee would subsist even after redemption...........
Transfer of Property Act, 1882, Section 109 -- Mortgage - Recital in mortgage deed that mortgagor will be entitled to future rent after redemption of mortgage means that tenancy is to subsist after redemption - Mortgagor thus accepted the continuation of the tenancies created by mortgagee - Tenancy thus created would subsist even after redemption of mortgage - From the..........
Transfer of Property Act, 1882, Section 83, 106 -- Mortgage to tenant - Redemption of mortgage - Tenancy rights are revived as rights of lessee do not merge in rights of mortgagee, except where there is intention of parties to the contrary - Where parties have not intended to terminate lease at time of mortgage, tenant-mortgagee is entitled to continue in possession as..........
Transfer of Property Act, 1882, Section 58(d), 62, 83, 105, 111 -- Mortgage to tenant - Tenancy rights not relinquished - On redemption of mortgage tenancy rights of mortgagee-tenant will continue and as such mortgagor is not entitled to recovery of possession - There is no automatic merger of mortgage and pre-existing lease and two operate independent of each other and on..........
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...........
