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 -- Mortgage - Redemption - Mortgagor had failed to redeem property for more than 30 years - Plaintiff/mortgagees filed suit for declaration that they have become owner in possession of suit land by prescription of time - Once a mortgage always a mortgage and there would be no period for redemption for the same - Suit which was for..........
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 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Property auctioned due to non payment of borrowed amount - Right of redemption ceases after property was registered in favour of auction purchaser...........
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..........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Once a usufructuary mortgage is created, mortgagor has a right to redeem the mortgage at any point of time, as once a mortgage always a mortgage...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Defendant has not raised any plea in relation to discrepancy with regard to boundary or extent of property in written statement - When there are no pleadings, First Appellate Court was not right in non-suiting the plaintiffs based upon contentions raised at the time of arguments...........
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...........
