Stamp Act, 1899, Section 2(17) -- Mortgage deed - Instrument executed by appellant fulfills essential characteristics of a mortgage deed - Deed confers a right over specified properties in favour of Development Authority to secure performance of an obligation while preserving appellant's interest until full discharge of obligation - Nomenclature "Security Bond cum Mortgage..........
Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea that suit property was conveyed as dowry and that it is without consideration - Plaintiff produced original sale deed from his possession, partition deed and mortgage deed and its discharge slip which was executed by defendant in favour of son of plaintiff - Intention of parties to convey title of property is..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Recitals in the document are specific that vendor was in need of money to run the vehicle purchased by him on hire and was selling the shop to raise money for this purpose - Said recitals in the document are self explanatory and did not evidence any mortgage..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is in continuance in..........
Transfer of Property Act, 1882, Section 58(c) -- Simple mortgage - Three items of property given as security - Plaintiff unable to discharge simple mortgage and at the intervention of Panchayatdars plaintiff executed a deed whereby one property sold to defendant with a right reserved to repurchase same within a period of three years on payment of Rs.3, 000/- - Suit for..........
Hindu Law -- Coparcenary property - Alienation by father - Sale deed executed in favour of one of his daughters and son-in-law - Plea of son that it was obtained by undue influence and fraud and that it is without consideration - Burden lies heavily on son to establish the said plea - Son failed to discharge the said burden - Son and other daughters admittedly never looked..........
