Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Defendant has not raised any plea in relation to discrepancy with regard to boundary or extent of property in written statement - When there are no pleadings, First Appellate Court was not right in non-suiting the plaintiffs based upon contentions raised at the time of arguments...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Relationship between mortgagor and mortgagee has been established by plaintiffs - Defendant has also not disputed the sale deed under Exhibit A5 in favour of plaintiffs - Plaintiffs have entered into shoes of mortgagor and entitled to redeem the suit property...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Enforcement of security interest - Auction of property - Prayer to quash issuance of second sale notice - Ground that auction/sale has been fixed before expiry of 30 days from the date of service of notice - Respondents through their incorrect..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiff stepped into shoes of mortgagor after purchasing mortgage property from mortgagor but before filing suit for foreclosure by mortgagee - He is thus, entitled to redeem property in terms of S.60 of the Act...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Equity of redemption is a right which is subsidiary to right of ownership...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Purchaser from mortgagor is entitled to redeem the share of the land purchased by him but on payment of entire mortgage amount...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption sought by transferee mortgagor - Extinguishment of right to redeem - Decree of foreclosure passed in a suit filed by mortgagee will not extinguish right of mortgagor to redeem land because he was not impleaded as a party in suit though he had purchased part of mortgaged property by virtue of registered..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Mortgage - Plaintiff purchased property under mortgage much before filing of suit for foreclosure - Once plaintiff purchased property, equity of redemption is part of title as an owner and he can seek redemption of the suit land - Non impleadment of plaintiff renders decree for foreclosure as non est and void...........
Transfer of Property Act, 1882, Section 58(c) -- Nature of document - Document whether a document of conditional sale or a mortgage - Document titled as `conditional sale deed' - Suit for redemption of mortgage - Document was executed for the reason that plaintiff has borrowed a sum of R.3,000/- and defendant is bound to transfer the land if amount is paid within one year..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements will arise if mortgagee had to incur the costs to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient or being made in compliance with the lawful..........
