Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption sought by transferee mortgagor - Extinguishment of right to redeem - Decree of foreclosure passed in a suit filed by mortgagee will not extinguish right of mortgagor to redeem land because he was not impleaded as a party in suit though he had purchased part of mortgaged property by virtue of registered..........
Transfer of Property Act, 1882, Section 67 -- Mortgage - Decree for foreclosure - Non-impleadment of purchaser who purchased property from mortgagor before filing of suit for foreclosure, renders decree for foreclosure as non-est and void...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17 -- Tenant in secured asset - Protection - Appellant claimed that he is tenant of Secured Asset and also paid advanced rent - However, borrowers in their detailed representation have not claimed that any tenant is staying in secured asset - Documents..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to vacate the suit property - Plaintiff is father of defendant No.1 - Suit property belongs to father - Nature of possession of defendants being that of a licensee and there is series of litigation between them - Concurrent findings of facts rendered by two Courts below would clearly show..........
Transfer of Property Act, 1882, Section 58(c) -- Nature of document - Document whether a document of conditional sale or a mortgage - Document titled as `conditional sale deed' - Suit for redemption of mortgage - Document was executed for the reason that plaintiff has borrowed a sum of R.3,000/- and defendant is bound to transfer the land if amount is paid within one year..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements will arise if mortgagee had to incur the costs to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient or being made in compliance with the lawful..........
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..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Wakf Act, 1995, Section 6, 7, 83, 85 -- Wakf property - Eviction suit before Wakf Tribunal - Maintainability - Suit for eviction is maintainable before Wakf Tribunal if tenant disputes that suit property is not Wakf property...........
