Category: Mortgage and Charge

Mortgage and Charge Sale, Exchange, Gift:

Vidhyadhar v. Manikrao AIR 1999 SC 1441

Post author By TYC
Post date July 20, 2022

ISSUE:

Does the plaintiff prove that Defendant 2 mortgaged the suit field with Defendant 1 for Rs. 1500 on 24-3-1971 ?

Does the plaintiff prove that the suit field was purchased by him from Defendant 2 for Rs. 5000 on 19-6-1973 ?

Is the plaintiff entitled to redeem the mortgage executed by Defendant 2 in favour of Defendant 1?

Was Defendant 2 ready and willing to purchase the suit field prior to 15-3-1971 ?

Is the plaintiff entitled to claim retransfer of the suit field from Defendant 1 ?

RULE:

A person in his capacity as a defendant can raise any legitimate plea available to him under law to defeat the suit of the plaintiff. This would also include the plea that the sale deed by which the title to the property was intended to be conveyed to the plaintiff was void or fictitious or, for that matter, collusive and not intended to be acted upon.

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Mortgage and Charge

Chaganlal v. Anantaraman, AIR 1961 Mad 415

Post author By TYC
Post date July 20, 2022

ISSUE:

Whether a mortgagee is entitled to treat interest due under a mortgage as a charge upon the mortgaged property in the absence of any contract to the contrary?

RULE:

Section 58(a) and 60 of the Transfer of Property Act.

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Mortgage and Charge

Ganga Dhar v. Shankar Lal, AIR 1958 SC 770

Post author By TYC
Post date July 20, 2022

ISSUE:

Whether a term period in a mortgage instrument, so far as it precludes the right to redeem from accumulating for a time, a clog on the equity of redemption?

RULE:

The court perceives that the rule in contradiction of clogs on the equity of redemption exemplified in Section 60 of the Act authorises the Court not only to dismiss a mortgagor of a bargain whereby in some conditions his right to redeem the mortgage is absolutely taken away, but also where that particular right is constrained.

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Mortgage and Charge

Pomal Kanji Govindji v. Vrajlal Karsandas Purohit, AIR 1989 SC 436 : (1989) 1 SCC 458

Post author By TYC
Post date July 20, 2022

ISSUE:

Whether the terms and conditions in the mortgage deed dated 20.4.1943 amount to clog on equity of redemption?

Whether the decree passed is bad for want of jurisdiction with trial court?

Whether the mortgagees are entitled to get interest on 10,000 koris?

RULE:

The rights and liabilities of the mortgagor are controlled by the provisions of section 60 of the Transfer of Property Act, 1882.

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