Registration Act, 1908, Section 17, 49 -- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose, trial Court could not have refused to..........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........
Agreement to sell -- Specific performance - Time essence of contract - Clauses in agreement in the nature of reciprocal promises - Promise made by seller in clause 5 has to be performed first that title documents have to be obtained from mortgagee after mortgage is cleared - It is only then balance consideration for sale has to be paid - Time thus, was not essence of..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(4), Transfer of Property Act, 1882, Section 65A -- Secured assets - Delivery of possession - In the instant case, respondent was indicated as a tenant for 15 years after mortgage, without knowledge of mortgagee - Tenant who has been inducted after mortgage..........
Registration Act, 1908, Section 17, 49 -- Mortgage - Unregistered - Mortgage deed is inadmissible in evidence - However, plaintiff has right to recover loan amount of Rs.2 lakhs, on the basis of execution of receipt thereof which stands established alongwith interest at the rate of 12% per annum and future interest at the rate of 6% per annum...........
Transfer of Property Act, 1882, Section 58(c) -- "Mortgage" or transaction of "sale with option of re-purchase" - Recital of document executed - Defendant has taken loan from plaintiff and sold property to plaintiff and given possession for two years as mortgage with stipulation that if defendant return money with in two years then plaintiff would reconvey property but if..........
