Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Suit for Redemption - Limitation - Usufructuary mortgage not fixing any date for repayment of the mortgage money - Stipulation that mortgagee is entitled to be in possession till redemption - Right to redeem accrues immediately on the execution of the mortgage deed - Mortgagor has to file suit for redemption..........
Civil Procedure Code, 1908, Order 34, Rule 8, 9, 10, 10A -- Usufructuary mortgage - Decree for redemption - Mesne profits - A decree for redemption of mortgage include a direction for entire accounts between the parties in relation to the mortgage - Direction of account arises only to find out what is due from the mortgagor to the mortgagee or whether there is any over..........
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..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, Limitation Act, 1963, Article 61 - - Usufructuary mortgage - Redemption of - Limitation - Suit land mortgaged on 10.03.1943 - Original mortgagee sold his rights to defendant No.1 on 20.07.1957 by registered deed - Original mortgagor sold his right of redemption to the plaintiff vide sale deed dated 25.01.1960 -..........
Civil Procedure Code, 1908, Order 34, Rule 7(i)(c) -- R.7(ii)(a), Transfer of Property Act, 1882, S.60 - Mortgage suit - Redemption of property - Usufructuary mortgage - Relationship of landlord and tenant between mortgagor and mortgagee either prior to mortgage or by virtue of stipulation in mortgage deed not established - Mortgagor entitled to redeem mortgage - Being..........
Transfer of Property Act, 1882, Section 58(d), 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Usufructuary mortgage - Redemption - Although by reason of preliminary decree Court may fix time for payment of the amount declared due but default in depositing such payment does not debar him from a right to redeem the mortgaged property...........
Civil Procedure Code, 1908, Order 34, Rule 8, 7(1), 7(2) -- Usufructuary mortgage - Final decree in redemption suit - Limitation - Court in preliminary decree fixed time for payment of amount declared due - Default in depositing payment - Mortgagor not debarred from his right to redeem mortgaged property - Sub-rule (2) of Rule 7 Order 34 providing for extra time to..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Redeeming features - (a) delivery of possession to mortgagee, (b) mortgagee to retain possession until repayment of money and to receive rents and profits or part thereof in lieu of interest, or in payment of mortgage money, or partly in lieu of interest and partly in payment of mortgage money, (c)..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Sale by plaintiff - Defendant executing separate agreement to reconvey property if amount repaid within stipulated period - Plaintiff executing rent note agreeing to pay monthly rent to defendant - High Court holding transaction as not mortgage by conditional sale but as usufructuary mortgage - Held,..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Sale by plaintiff for Rs.1,000/- while he purchased property few years earlier for Rs.3,000/- - Defendant executing separate agreement to reconvey property if amount repaid within two years - Plaintiff executing rent note to pay monthly rent to defendant - Suit for redemption of mortgage - Held, transaction is..........
