Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
Registration Act, 1908, Section 17 -- Un-registered usufructuary mortgage deed - When an usufructuary mortgage is entered into, where the amount involved is more than Rs.100, then as per S.17 of the Act registration of said document is compulsory - Even though such unregistered document has been received in evidence and marked, plaintiff is entitled to rely on said..........
Agreement to sell -- Specific performance - Written intimation relating to release of property from mortgage is not intimated to plaintiff by defendant - However, plaintiff admitted that mortgage was released on 12.4.2007 and as such absence of written intimation regarding release of property from mortgage has no relevance in facts of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence subject to deposit of 20% of compensation amount - Financial condition of petitioner is not good since all the properties are under mortgage and he is under financial distress - Petitioner has shown his bona fide for depositing 10% of compensation amount, as he is left with no means but still..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Document contains covenant for reconveyance of property in favour of plaintiff upon refund of amount received by plaintiff from defendant - Contents of document establish a lender and a borrower relationship between parties, where borrower as in lieu of..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo order regarding possession and record of site in question and further not to transfer, mortgage or alienate suit property - Meaning thereby, as there is an order of status quo, party whosoever was in possession of property on date of filing of suit shall remain in..........
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...........
