Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Agreement to mortgage - Possession delivered - Suit for injunction filed before accrual of cause of action for filing suit for specific performance - Suit for specific performance is not barred U.O.2.R.2 CPC nor suit is barred u/s 11 CPC as issues in earlier suit and suit for specific performance are entirely..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - As per agreement mortgage deed was to be executed by 1.5.78 - In case amount is paid prior to this date then agreement to be treated as cancelled - Plaintiff always ready and willing to perform his part of agreement - Amount received under agreement neither returned nor mortgage deed..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- As per agreement, Mortgage deed is to executed and registered on 1.5.1978 - Suit for permanent injunction filed on 19.10.1977 - Later on, suit for recovery or in alternative suit for possession by way of specific performance of agreement filed - Cause of action for filling subsequent suit arose on or after 1.5.1978 - Suit not..........
Limitation Act, 1963, Article 54 -- Suit for Specific Performance - Cause of action for filling suit - Agreement entered and earnest money paid on 28.4.1977 - Mortgage deed to be registered on 1.5.1978 - Cause of action for filling suit arose on 1.5.1978 - Suit filed within 3 years - Suit not barred by limitation...........
Civil Procedure Code, 1908, Order 34, Rule 5, 8(3)(a) -- Mortgage - Redemption - Extinguishme nt of right of redemption - Unless it is specifically declared in final decree as to the extinguishment of the right of redemption, it continues till the confirmation of sale in pursuance to the decree - In the instant case there being no final decree as such right of mortgagor to..........
Civil Procedure Code, 1908, Order 34, Rule 5, 8(3)(a) -- Mortgage - Redemption - Extinguishment of right of redemption - Unless it is specifically declared in final decree as to the extinguishment of the right of redemption, it continues till the confirmation of sale in pursuance to the decree - In the instant case there being no final decree as such right of mortgagor to..........
Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........
Gramin Awaas Yojna and Credit-cum-subsidy scheme -- National Housing & Habitat Policy, 1998 - Promisory Estoppel - Scheme for Rural Housing to households having annual income upto Rs.32, 000/- - Petitioner applied for loan/benifits under the scheme for construction of house - Mortgaged his plot in favour of the bank - Loan sanctioned, mutation entered - Loan not disbursed..........
Mortgage -- Redemption - Clog on redemption - Right of redemption cannot be taken away - Court to ignore any contract the effect of which is to deprive the mortgagor of his right to redeem the mortgage...........
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Usufructuary mortagage - Right of redemption - Rule against clog on equity of redemption - A mortagage is always redeemable - Mortagagors right of redemption cannot be taken away or limited by any contract between the parties - No period of limitation to redeem the usufructurary mortagage..........
