Specific Relief Act, 1963, Section 13(2) -- Agreement to sell - Specific performance - Mortgaged property - If vendor professes to sell unencumbered property but if same is mortgaged, then vendor has only a right to redeem it and purchaser may compel him to redeem mortgage and to obtain a valid discharge...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way - Therefore, documents are not..........
Agreement to sell -- Specific performance - Ready and willing - Seller failed to redeem the mortgage land before stipulated date as agreed - Adverse inference against purchaser that they failed to appear before sub registrar on the date fixed for execution and sale deed cannot be drawn because land was still under mortgage - Thus, fault lies with defendants and it cannot..........
Transfer of Property Act, 1882, Section 59, 100 -- Mortgage - Creation of charge - Held, mere undertaking that party will not dispose of properties mentioned in an undertaking, during currency of loan, will not create any charge over those properties, unless charge is created by deposit of title deeds or through a registered document...........
Transfer of Property Act, 1882, Section 59 -- Mortgage - When there is a mortgage other than a mortgage by deposit of title deeds, it can be effected only by a registered instrument...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Held, if mortgage had been in favour of 5 persons and amount had been paid in full, co-mortgagee could have only sought for contribution from co-mortgagees, and could not have defeated claim of mortgage itself - Payment under mortgage fully paid - Mortgage was liable to be redeemed without any further..........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Held, so long as right was not foreclosed by mortgagee, once a mortgage would always be a mortgage and suit for redemption could not have been dismissed...........
Transfer of Property Act,1882 -- Applicability in State of Punjab - Transfer of Property Act is not applicable in State of Punjab except for provisions relating to sale and consequently written instrument of mortgage is not essential but principles under Transfer of Property Act have always been applied on basis of justice, equity and good conscience...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12 -- Mortgage - Redemption - Entries in Jamabandi describing plaintiff and defendants as a mortgagor and mortgagees, respectively - Sufficient to enable plaintiff to sue for redemption - There is no bar of limitation considering the fact that denial of mortgage for redemption was taken only at the time when petition was..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for injunction claiming to be in possession under the mortgage and suit was dismissed on the ground that mortgage was not true - Second suit filed for specific performance where one of the items of consideration is the mortgage itself - Held, finding regarding validity of mortgage and claim of..........
