Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Agreement to sell -- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically perform the contract in its favour. (Specific Relief..........
Limitation Act, 1963, Article 62 -- Loan against mortgage of property created whether as a principal liability or collateral security - Suit for enforcing mortgage can be filed within 12 years from the date when the money sued for becomes due...........
Contract Act, 1872, Section 127, Limitation Act, 1963, Article 62 -- Surety - Equitable mortgage for a loan - Can be proceeded against within 12 years u/s 62 even when the debt gets barred against the principal debtor - Liability of surety will continue unless the principal debtor is discharged from the liability...........
Indian Penal Code, 1860, Section 468, 471 -- Criminal and civil proceedings - Complainant alleging mortgage deed in his father's favour - Redemption deed allegedly forged by accused - Complainant filed FIR under Section 468 and 471 IPC - Complainant also filed civil suit seeking declaration of title but failed - In view of findings of civil court, accused acquitted of..........
Limitation Act, 1963, Article 61(b) -- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor and such suit is not barred even though sale deed in respect of transfer was registered more than twelve years before filing of suit...........
Limitation Act, 1963, Article 61(b) -- Mortgage - Property under mortgage transferred by mortgagee to third party - Limitation for filing suit for recovery of possession is twelve years of transfer becoming known to mortgagor - Mortgagor specifically pleaded and proved that he came to know of sale just twenty days prior to filing of suit - Held, date of registration of..........
Protection of Women from Domestic Violence Act, 2005, Section 12(1), 17, 19(1)(d), 19(1)(f), Hindu Marriage Act, 1955, Section 9, 24 -- Estranged wife living in the house of her husband along with her daughter - House under mortgage with the bank against loan - Petition by wife under Domestic Violence Act and Hindu Marriage Act - Held, (a) Husband to provide the wife..........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 60 -- Res judicata - Second suit for redemption of mortgage - First suit dismissed U.O.17.R.3 CPC - Held, in the absence of extinguishment of right of redemption, second suit for redemption not barred and is not hit by principle of res judicata as in the previous suit right of redemption was..........
Agreement to sell -- Specific performance - Death of both parties during pendency of suit - Part of property under mortgage - Mortgage amount exceeding balance sale price - In case of performance successors of defendant will suffer hardship whereas no hardship will be suffered by successors of plaintiff in case of non performance - Decree of specific performance modified -..........
