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Showing posts with label mortgagor. Show all posts
Showing posts with label mortgagor. Show all posts
Saturday, 18 April 2020

Whether mortgagee is under obligation to hand over any advantage he has received from mortgage to mortgagor?

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  It is well-settled that the right of redemption under a mortgage deed can come to an end or be extinguished only by a process known ...
Thursday, 27 June 2019

Whether mortgagee can take benefit of part performance if there is sale agreement between him and mortgagor?

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 The plaintiffs’ suit for redemption of mortgage of four properties was initially decreed by the learned trial Court. In appeal, the decr...
Saturday, 14 July 2018

When there is implied surrender of tenancy by tenant?

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In the judgment of Tarachand V/s. Sagarbai Alias Chaiyalibai (supra) it is categorically held by the Hon'ble Apex Court that, if the t...
Thursday, 21 July 2016

When jurisdiction of civil court is barred if dispute is between mortgager and secured creditor?

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 We notice, at this juncture, Respondent Nos.1 to 5 filed Civil Suit No.16A/07 in the Court of the District Judge, Barwani against the ap...
Friday, 27 May 2016

When right of mortgagor to redeem mortgage can not be extinguished by execution of agreement of sale?

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 For the many reasons recorded above, it is held that the sale agreement is hit by section 29 of the Contract Act for being vague, a...
Monday, 24 August 2015

Whether Subsequent written agreement between mortgagor and mortgagee reducing rate of interest requires registration?

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Equivalent Citation:  AIR1952SC153, 1952(54)BOMLR543, [1952]1SCR491 IN THE SUPREME COURT OF INDIA Decided On:  22.02.1952 Appellants...
Wednesday, 3 June 2015

Whether mortgagor can lease out mortagaged property when mortgage is not in existence?

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 Upon consideration of the facts admitted and which have been reproduced earlier what emerges on record is that defendant no. 3 was induct...
Wednesday, 30 April 2014

Whether acknowledgement of liability by mortgagor after assignment of his interest whether valid?

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The decree passed by the learned Sub Judge in the suit is challenged in the appeal memorandum on various grounds, both under facts and la...
Tuesday, 5 November 2013

Why court should pass order for attachment of property before judgment?

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The object behind the order levying an attachment before judgment is to give an assurance to the plaintiff that his decree, if made...