Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements - In the absence of any positive evidence of any improvement and cost incurred, defendants are not entitled to recover anything more than the mortgage amount...........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements - Since possession was given to the mortgagee and he has enjoyed usufruct from the mortgage property which compensates not only of the user of the land but also improvements made by him - Improvements were to enjoy the..........
Limitation Act, 1963, Article 61 -- Redemption of mortgage - Limitation is 30 years from the date fixed for redemption - Suit filed for redemption after 20 years of execution of document is within time...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Mortgage decree - Claim petition is not maintainable U.O.21.R.58 CPC once mortgage decree is passed against mortgaged property...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge created over husbands property - Mortgage executed by husband over one of the properties - Held, S.39 TPA will take care of situation and that cannot by itself defeat the rights of wife...........
Consent decree -- Fraud - When mortgage property was sold in Court auction in execution proceedings and sale was confirmed in favour of auction purchaser and sale certificate was issued and sale was confirmed after overruling objections raised by fraud and initially by consent decree was not challenged at all and even order overruling objections raised by JDs was also not..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Attachments effected by Munsiff Court after the date of mortgage - Held, invalid...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiffs father mortgaged ancestral property in favour of defendants - Defendants admitted that suit property was mortgaged in their favour - Relation between parties as mortgagor and mortgagee duly established - Defendant failed to establish that un-registered sale deed was signed by owner of suit..........
Transfer of Property Act, 1882, Section 60, Trusts Act, 1882, Section 90 -- Mortgage - Redemption - Mirashi Tenant-mortgagor - Inam land - Suit land resumed to Government under Abolition Act - Mortgagee applied for regrant though he was not a permanent Mirashi tenant and regrant was made in his favour - Failure on part of mortgagor to pay occupancy price and seek a regrant..........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
