Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Decree for specific performance - Delivery of possession - Plea regarding mortgage - Rights of mortgagee if any remain protected in accordance with law and such plea cannot be used by JD to resist delivery of possession to DH - Moreover, no objection relating to pendency of a revenue suit, interim injunction..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property - O.21 CPC does not prohibit attachment merely because property is mortgaged - Rights of mortgagee remain unaffected and decree holders claim would rank subject to such encumbrance...........
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..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Evidence in the form of receipt about amounts spent by mortgagee produced on record - However, no evidence produced by mortgagee to prove the said receipt - Amount spent on development of suit property is stated to be Rs.75,000 - For want of specific evidence, both..........
Civil Procedure Code, 1908, Order 34, Rule 7 -- Usufructuary mortgage - Redemption - Final decree - Mortgagee of usufructuary mortgage would not be entitled to file an application for final decree either for sale of property or to debar mortgagor from out right to redeem property - Such a right to file a final decree application is conferred upon mortagagee only for other..........
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..........
Specific Relief Act, 1963, Section 54, 58 -- Sale of mortgaged property - Mortgaged property is transferable unequivocally, subject to the rights of the mortgagee...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for redemption of mortgage - Lessee of a mortgagee is not a necessary party to a suit for redemption of mortgage - Suit is not bad for non-joinder of necessary parties...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Relationship between mortgagor and mortgagee has been established by plaintiffs - Defendant has also not disputed the sale deed under Exhibit A5 in favour of plaintiffs - Plaintiffs have entered into shoes of mortgagor and entitled to redeem the suit property...........
