Punjab Co-operative Societies Act, 1961, Section 55 -- Express exclusion of jurisdiction of Civil Court - Suit for declaration that plaintiff liable to pay only specified amount as refund of loan to Co-operative Society (Primary Land Mortgage Bank) - Plaintiff a member of Co-operative Society - Refund of loan must be deemed to be a dispute touching constitution, management..........
Punjab Restitution of Mortgaged Lands Act, 1939, Section 12, 4, 5 -- Question whether mortgage subsists or not - Expressly entrusted to Collector to the exclusion of Civil Court - Even if Collector commits error and gives a wrong finding - Civil Court cannot assume jurisdiction to entertain suit challenging validity of Collector's order - Act applicable to mortgages..........
Redemption of Mortgages (Punjab) Act, 1913, Section 1(3) - - Mortgage excluded from application of Act only if: (i) area mortgaged exceeds 50 acres, and (ii) amount of money secured exceeds Rs. 5000/ - All other mortgages covered by either clause (a) or clause (b) - Redemption of mortgaged land less than 50 acres even though sum secured exceeds Rs. 5000/ - Act applies by..........
Limitation Act, 1963, Article 61 -- Redemption suit, starting point of limitation - Condition of mortgage-deed that open to mortgagee to redeem property within 10 years on payment of additional amount - Option not exercised - Right to redeem accrued to mortgagor only after expiry of 10 years - Limitation for redemption commenced only after 10 years of mortgage...........
Civil Procedure Code, 1908, Section 11 -- Second suit for redemption - Earlier suit for redemption dismissed for default in depositing mortgage amount in terms of decree - Second suit not barred if decree did not provide that right to redeem would be extinguished if amount not deposited...........
Registration Act, 1908, Section 18, 17 -- Letter merely acknowledging creation of equitable mortgage by deposit of title deeds - Registrable under Section 18 - Not compulsory registrable under Section 17 - No question of payment of registration fee at the rate of one per cent...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8B, 18, 2(f) -- Tenancy rights come to end only when whole of proprietary rights come to vest in tenant at one and the same time - Mortgagee rights are part of ownership rights - Tenancy and mortgagee rights can subsist side by side - Tenancy rights if come to end either by contract of parties or by order of ejectment..........
Punjab Co-operative Societies Act, 1961, Section 63, 62 -- Loan taken from State Co-operative Bank - Recovery proceedings under Punjab Co-operative Societies Act - Not permissible - Section 12 of Punjab Cooperative Land Mortgage Bank Act gives complete procedure for recovery-proceedings when loanee fails to mike repayment - Recovery can be by distraint and sale of prod ace..........
Punjab Co-operative Societies Act, 1961, Section 55 -- Recovery of loan taken from Primary Co-operative Land Mortgage Bank - Remedy of distraint and sale of produce as also sale of mortgaged property under pro visions of Punjab Co-operative Land Mortgage Banks Act - In addition to other remedy available to Bank - Remedy of seeking a reference of dispute to arbitration and..........
Punjab Redemption of Mortgages Act, 1913, Section 13 -- Scope of - Does not require that order should have been passed on merits - Application for redemption of land - Objection by mortgagee that land mortgaged under two separate transactions and insufficiency of amount deposited by mortgagor - Collector after enquiry held that amount payable under second mortgage not..........
