Agreement to sell -- Specific performance - Plea that property is under mortgage - Mortgage cleared within two days of receiving plaintiff's legal notice - The aspect of mortgage not a ground for plaintiff to claim that he could not for this reason seek specific performance against original vendor...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with option to repurchase - Document titled as conditional sale - Condition stipulated that in case there is repayment of Ten Thousand rupees within a period of five years possession of property shall be handed back - Condition reflects that actual transaction between parties was loan and..........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage by conditional sale or a sale with condition of repurchase - Stipulation in deed that if amount is not paid within ten years, sale will be absolute - It shows some ingredients of sale and some of mortgage - Non payment of money within stipulated time - Deed would be considered as absolute sale - Plaintiff not..........
Suits Valuation Act, 1887 -- Loan advanced against mortgage of property as security of loan - Repayment of loan - Oral evidence - No date mentioned as to repayment of loan amount along with interest - Moreover, since property is mortgaged as security of loan, it is not believable that defendant would just return the loan amount without even getting a receipt thereof - Oral..........
Agreement of mortgage -- Specific performance - Plea of obtaining signatures on blank papers - Complaint in police or in Court not lodged even when it was a case of forgery and misrepresentation - Plea of fraud must be proved like a charge in the criminal case, which is not done - Expert witness not examined to compare disputed thumb impression with admitted thumb..........
Registration Act, 1908, Section 17(2)(xi) -- Unregistered receipt for payment of mortgage money - It is exempt from registration when it does not purport to extinguish the mortgage - However, if receipt recites that possession of property has been given back, receipt cannot be admitted in evidence to prove redemption, if it is unregistered as it is not mere receipt, but a..........
Government Grants Act, 1895, Section 2, 3 -- Mortgage of Nazul land - Validity of - Nazul land given to company by way of lease - However, said land was further mortgaged by company to bank against loan - No sanction of State taken by company before mortgaging nazul land - Since, such sanction is mandatory, therefore, resulting into violation of terms of lease deed -..........
Constitution of India, 1950, Article 14 -- Doctrine of legitimate expectation - Creation of invalid mortgage of Nazul land in favour of bank against loan by lessee Company - Bank obtained mortgage decree in case where State was not even party - State is the title holder in case of said Nazul land - In absence of any legal relationship between bank and State - Bank cannot..........
Record of rights -- Entering name - Applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Merely a holder or occupant does not meet the requirements of law for exercising such a..........
Agreement to sell -- Specific performance - Relief of - Execution of agreement proved - However, it is no where pleaded or proved by plaintiff that he got redeemed the mortgaged land in favour of defendant No.2 in terms of agreement nor it is specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Refund of earnest money ordered..........
