Civil Procedure Code, 1908, Section 96 -- Suit for possession by way of redemption of mortgage - Trial Court after considering evidence held that relationship of Mortgagor and mortgagee stand proved - Lower Appellate Court without discussing any evidence on record reversed the finding and held that particulars of mortgage neither specified nor proved - Findings of first..........
Registration Act, 1908, Section 17 -- Mortgage - If the memorandum as such does not evidence creation of mortgage and reveals only what happened earlier, it does not require registration - Decisive question is the time factor and not the date...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........
Civil Procedure Code, 1908, Section 47 -- Execution - Composite decree - Mortgage decree and a personal decree against borrower of land and guarantor - D.H. can execute the decree either by sale of mortgaged property or against borrower or guarantor or both - D.H. cannot be directed to first sell the mortgaged property and for recovery of balance amount he should proceed..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - It is a transfer by the owner (Mortgagor) of an interest in an immovable property for securing the amount advanced/to be advanced by the creditor (Mortgagee), under which possession of property is delivered to the mortgagee with authority to retain such possession and enjoy the rents and profits..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption can be extinguished during subsistence of mortgage only by act of parties or by decree of a Court...........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 27 -- Mortgage - On expiry of period of limitation prescribed under the Limitation Act, the mortgagor would lose his right to redeem and the mortgagee becomes entitled to continue in possession as the full owner...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - 30 years - When it is stipulated that mortgagee is entitled to be in possession till redemption then right to redeem accrues immediately on execution of the mortgage deed and mortgagor has to file a suit for redemption within 30 years..........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 18 -- Mortgage - Acknowledgment - Can be construed as an acknowledge if it fulfils the requirements viz. (1) Acknowledgement of liability relates to a subsisting mortgage; (2) Acknowledgment need not be in a document addressed to the mortgagor (person entitled to the property or right) - But it..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 18, Article 61(a) -- Usufructuary mortgage - Suit for redemption - Loan of Rs.300/- taken under a usufructuary mortgage - Mortgagee assigned mortgage in favour of `SI' - Assignee died leaving surviving his widow and son - Mortgagor filed suit for redemption - Mortgage debt stood discharged by S.9..........
