Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Attestation -- It is Will, mortgage, gift and bond alone are required by law to be attested - Will u/s 68 of Succession Act, 1925, a mortgage deed u/s 59 and a gift deed u/s 123 of Transfer of Property Act, 1882 and a bond u/s 2(5) of Stamp Act, 1899 are required by law to be attested...........
Limitation Act, 1963, Article 61(a) -- Limitation - Redemption of mortgage - Mortgagor has right of redemption for a period of thirty years - Restricting period of limitation for redemption amounts to clog on the equity of redemption...........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Once a usufructuary mortgage is created, mortgagor has a right to redeem the mortgage at any point of time, as once a mortgage always a mortgage...........
Real Estate (Regulation and Development) Act, 2016 -- Scope - (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid; (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also;..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Agreement to sell -- Specific performance - Inconsistency in plaintiff's conduct, lack of communication with defendants urging them to discharge the mortgage and showing his willingness to pay balance consideration and delay of about three years from date fixed for performance of contract in filing suit are all indicative of plaintiff's lack of will to perform the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for redemption of mortgage - Lessee of a mortgagee is not a necessary party to a suit for redemption of mortgage - Suit is not bad for non-joinder of necessary parties...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Defendant has not raised any plea in relation to discrepancy with regard to boundary or extent of property in written statement - When there are no pleadings, First Appellate Court was not right in non-suiting the plaintiffs based upon contentions raised at the time of arguments...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Relationship between mortgagor and mortgagee has been established by plaintiffs - Defendant has also not disputed the sale deed under Exhibit A5 in favour of plaintiffs - Plaintiffs have entered into shoes of mortgagor and entitled to redeem the suit property...........
