Civil Procedure Code, 1908, Section 60(1)(c) -- Property liable to attachment and sale in execution of decree - Scope - Held, property cannot be brought for sale if house is under occupation and ownership of agriculturalist or agricultural labourer - However, there is no embargo for an agriculturalist who is in occupation of his property including his house to mortgage and..........
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90 -- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
Transfer of Property Act, 1882, Section 60, 67, Limitation Act, 1963, Section 27, Article 61(a), 63(a), 65 -- Mortgage - Redemption - Limitation - Land mortgaged prior to year 1952 - Limitation for redemption is 30 years which expires in the year 1982 - Limitation for filing suit by mortgagee for possession starts from the year 1985 and expires after 12 years - Even..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113 -- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the..........
Land and Property -- Tenant - Proof - Jamabandi reveals that defendant was tenant under mortgagee - Presumption of correctness attaching to jamabandi has not been rebutted by defendant - Held, it is established that defendant was inducted as tenant over suit land by mortgagee...........
Civil Procedure Code, 1908, Section 73(1)(b), Order 21, Rule 17 -- Money decree - Execution - Third party mortgagee seeking amount under mortgage deed - Stamp paper used for mortgage deed was purchased on 2 May 2003 when summary suit for money was pending - On 24 July 2003, Court granted leave to judgment debtor subject to furnishing solvent surety to the extent for suit..........
Transfer of Property Act, 1882, Section 60 -- Redemption by co-mortgagor - Co-mortgagor in possession of excess share redeemed by him - Not a mortgagee - After redemption, the mortgage comes to an end - He can only claim that he is entitled to be in possession of the property, till his share of the mortgage money is paid - A claim for partition cannot be defeated on that..........
Limitation Act, 1963, Section 30, Article 61(a), Limitation Act, 1963, Article 148, 134, Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Limitation - Held, Article 134 of the Schedule to the Limitation Act, 1908 which is in pari materia with Article 61(a) of Schedule to the Limitation Act, 1963 would apply only if a mortgagee has in making..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Computation of permissible area - Petitioner sought exemption of land held by him as mortgagee - Held, a mortgagee cannot at any time seek for exclusion of property mortgaged to him from permissible area under the Act of 1972 - Land owner that transfers property by mortgage, continues to be its owner - Such a..........
Transfer of Property Act, 1882, Section 58(e) -- English mortgage - For a transaction to constitute an English mortgage essential conditions to be satisfied are : (1) The Mortgagor must bind himself to re-pay the mortgage money on a certain date; (2) The property mortgaged should be transferred absolutely to the Mortgagee; (3) Such absolute transfer should be made subject..........
