Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Period of limitation in usufructuary mortgage does not run from the date of creation of mortgage but from the date of payment of mortgage either out of usufructuary or partly out of usufructuary or partly on payment of deposit by mortgager -..........
Transfer of Property Act, 1882, Section 60 -- Usufructuray mortgage - Redemption - In case of usufructuray mortgage, a mortgage with possession, mortgagor retains right to redeem the property at any time, unless a specific time limit for redemption has been prescribed - Limitation period u/art 61 of Limitation Act begins only when mortgage money is fully discharged, either..........
Limitation Act, 1963, Article 61(a) -- Redemption of mortgage - Mortgage deed dated 09.02.1981 - Three years fixed for redemption under the mortgage deed - Starting point of limitation is 08.02.1984 - Limitation period of 30 years for redemption of mortgage comes to 07.02.2014 - Suit filed originally on 09.06.2014 and subsequently represented on 16.06.2014 - Suit is..........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Right of usufructuary mortgagor to redeem property does not get extinguished due to non payment of mortgage money within time fixed by Court, as there is no limitation for depositing mortgage money - Filing of an application to condone delay in depositing mortgage money is superfluous..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Limitation Act, 1963, Article 61(a) -- Limitation - Redemption of mortgage - Mortgagor has right of redemption for a period of thirty years - Restricting period of limitation for redemption amounts to clog on the equity of redemption...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - There is no limitation period in case of usufructuary mortgage - `Once a mortgage always a mortgage'...........
Limitation Act, 1963, Article 61 -- Redemption of mortgage - Limitation is 30 years from the date fixed for redemption - Suit filed for redemption after 20 years of execution of document is within time...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond - Debtor creditor..........
Punjab Land Revenue Act, 1887, Section 45 -- Revenue records - Correction of entry of mortgage in revenue record - Period of limitation - S.45 of the Act does not provide for any limitation - Limitation for a suit for declaration praying for correction of entry does not begin to run from the date a wrong entry has been made in revenue record, unless there is some over act..........
