Transfer of Property Act, 1882, Section 54, 58 -- Sale or mortgage - Loan amount - Inadequacy of sale consideration stated in sale deed indicates that plaintiff not intended to sell the property to defendants - Sale deed in question held, rightly declared to be mortgage as a security for repayment of loan taken by plaintiff...........
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17 -- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Limitation - Where mortgage does not provide any period of redemption then there is no limitation for seeking redemption...........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Pith and substance in a suit for acknowledgment of declaration also tantamount to redeeming the mortgage...........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Once plaintiffs had stepped into shoes of mortgagors and property had already been redeemed, no question of filing a suit for redemption arises at their instance - After redemption, all three mortgagors become co-owners and in case, they do not seek partition, remedy available is to acknowledge the..........
Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100 -- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale..........
Transfer of Property Act, 1882, Section 54, 58 -- Mortgage deed - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - Mortgage deed executed for purpose of securing advance payment which specially provides for redemption - Mortgage deed does not come within definition of sale...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Redemption - Improvements - Basis for assessment of value of improvements, the year of redemption must be the date of filing of suit and must be taken when suit was instituted...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Redemption - Improvements - No term mentioned in the mortgage deed exonerating mortgagor from making the payment of cost of construction - Mortgagor thus liable to make payment of improvements etc...........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Article 61 -- Redemption of mortgage - Limitation - Commences from the date when right to redeem or recover possession accrues or cause of action to file suit arises and not from the date of execution of mortgage deed...........
