Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale deed with condition for repurchase - Recitals in document that transfer of interest with vesting of absolute rights is clear indication that document is only a sale with condition for repurchase...........
Transfer of Property Act, 1882, Section 58(c), Evidence Act, 1872, Section 92 -- Mortgage by conditional sale or sale deed with condition for repurchase - Document not containing any recital as to enjoyment of property in lieu of interest payable on the amount - Any oral evidence adduced in this regard cannot be looked into in view of prohibition u/s 92 of Evidence Act...........
Transfer of Property Act, 1882, Section 58(c) -- Sale with condition for repurchase - Admittedly, possession was handed over to defendants vesting on them absolute right to enjoy property - Neither document show that amount was taken as debt or loan nor it shows that income from land was to be appropriated towards interest by defendants - Order that sale with condition to..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Plaintiff mortgaged suit property by executing conditional sale - Condition to repurchase embodied in said document - Defendant agreed to transfer back suit within five years from date of deed - Patta was not transferred to defendant after execution of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
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), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
Transfer of Property Act, 1882, Section 60 -- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants were absolute owners of..........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession of suit premises - Once mortgagee-tenant has failed to prove that he was in possession of suit premises since prior to execution of mortgage, then on redemption of mortgage, mortgagor-landlord becomes entitled to get possession of suit premises...........
