Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiffs father mortgaged ancestral property in favour of defendants - Defendants admitted that suit property was mortgaged in their favour - Relation between parties as mortgagor and mortgagee duly established - Defendant failed to establish that un-registered sale deed was signed by owner of suit..........
Transfer of Property Act, 1882, Section 60, Trusts Act, 1882, Section 90 -- Mortgage - Redemption - Mirashi Tenant-mortgagor - Inam land - Suit land resumed to Government under Abolition Act - Mortgagee applied for regrant though he was not a permanent Mirashi tenant and regrant was made in his favour - Failure on part of mortgagor to pay occupancy price and seek a regrant..........
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..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagee assignee by act of parties received Rs.3000 being mortgage amount from defendant and by putting him possession, mortgage is extinguished - Suit for redemption of mortgage preferred by original plaintiff held, not maintainable...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Mortgagee after having transferred his mortgagee rights which later on enlarges into ownership is not entitled to transfer of ownership rights of same land subsequently...........
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...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage and possession - Plea of prior tenancy by mortgagee - Mortgage deed silent as to prior possession of defendant as tenant - Recitals in mortgage deed shows that on date of mortgage, possession of suit premises was delivered to defendant - More so, if defendant was in possession of suit premises prior to..........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Partition of mortgaged property - No term and condition in deed of mortgage restraining mortgagors from effecting partition of equity of redemption - It is thus, open to mortgagors to effect partition of property and thereby interest of mortgagee Bank is not affected...........
Transfer of Property Act, 1882, Section 58(c), 60, 67 -- Mortgage by conditional sale - When mortgagor mortgages his immovable property, he does not cease to be its owner and equity of redemption still vests in him - Equity is lost only when there is final decree of foreclosure or sale in favour of mortgagee...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Right to seek sale - Not available to mortgagee by conditional sale - Only remedy is to apply for foreclosure and not for decree of sale...........
