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...........
Transfer of Property Act, 1882, Section 58, 83 -- Mortgage - Redemption - Non deposit of mortgage amount - Maintainability of suit - Mortgagor has option to deposit the amount payable on redemption of mortgage and does not bar the institution of suit, for non deposit of such amount...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with option to repurchase - Document titled as conditional sale - Condition stipulated that in case there is repayment of Ten Thousand rupees within a period of five years possession of property shall be handed back - Condition reflects that actual transaction between parties was loan and..........
Registration Act, 1908, Section 17(2)(xi) -- Unregistered receipt for payment of mortgage money - It is exempt from registration when it does not purport to extinguish the mortgage - However, if receipt recites that possession of property has been given back, receipt cannot be admitted in evidence to prove redemption, if it is unregistered as it is not mere receipt, but a..........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Mortgage suit - O.34.R.15(2) CPC is a separate and independent clause meant to give speedy relief to decree holder who gets a charge for the first time under the decree as there is no question of any equity of redemption remaining with debtor in that situation...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption of a mortgage should be kept alive beyond passing of final decree till even the appeal or other remedies against orders refusing to set aside sale are passed finally...........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed in favour of lessee - Redemption - Survival of leasehold rights - There is no automatic surrender of leasehold right on execution of mortgage deed - Each case depends upon terms of document that comes up for consideration - If from a document of mortgage, it is inferred that there is implied or express surrender..........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed in favour of lessee - Redemption - Survival of leasehold rights - Nothing on record to show that leasehold arrangement which was being enjoyed by defendant had been surrendered either expressly or impliedly and it put to an end to leasehold arrangement between parties and also the character of defendant -..........
