Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mortgaged property - Mortgagees have been in possession of property for a long period of time - Absence of any proof as regards the terms and conditions of mortgage, date and period, that was stipulated in mortgage deed for redemption of suit property - Mortgagees cannot ask for declaration - No limitation..........
Transfer of Property Act, 1882, Section 62, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Right to recover possession - Commences when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by mortgagor - Until then, limitation does not start for purposes of Article 61 of the Schedule to the..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - In case of usufructuary mortgage, where no time limit is fixed to seek redemption, right to seek redemption would not arise on the date of mortgage but will arise on the date when mortgagor pays or tenders to the mortgagee or deposits in..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - Commences when `right to redeem' or to `recover possession' accrues - Such a right accrues only when mortgagor returns the mortgage money - Held, suit filed within thirty years after offering payment of full mortgage money, is within..........
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..........
Transfer of Property Act, 1882, Section 59 -- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title to the suit property - Period..........
Transfer of Property Act, 1882, Section 60, 67, Limitation Act, 1963, Section 27, Article 61(a), 63(a), 65 -- Mortgage - Redemption - Limitation - Land mortgaged prior to year 1952 - Limitation for redemption is 30 years which expires in the year 1982 - Limitation for filing suit by mortgagee for possession starts from the year 1985 and expires after 12 years - Even..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Necessary averments already made in plaint - Merely relief of redemption of mortgage deed omitted in relief claimed - Sought by way of amendment - Amendment sought neither changes nature of suit nor introduce new claim on new basis constituted by new facts - Held, such amendment is no more than..........
Adverse Possession -- Co-owner - Held, where an ouster has been proved of co-owner, then plea of adverse possession can be set up - Once co-sharer openly asserts his title and denies that of other and this hostile attitude is known to knowledge of other co-sharers which is point of limitation from which principle of adverse possession has to be taken into consideration -..........
