...further for recovery of the dues in accordance with law. The respondents shall release the original documents and discharge the mortgage on full satisfaction of the one time settlement payment and the... THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) Nos.1 and 2 of 2012 and 1 of 2014 M..., represented by its Secretary to Government, Industries and Commerce Department, Fort St.George, Chennai 600 009. 2.The Tamil Nadu Industrial Investment Corporation...

...(6) notice dt.5.2.2020 which is mentioned as property No.3 of the possession notice dt.20.08.2019, which is the property in the name of Sri G.Bhaskar Rao and release the concerned the deeds/ documents discharge the mortgage on the property and the respondent bank may file part satisfaction Memo...which is mentioned as Property No.4 of possession notice dt.20.8.2019 which is the property in the name of Smt. G.Suseela and release the concerned title deeds documents and discharge the mortgage on...release the said property and to release the concerned title deeds/documents to the applicant and to discharge the mortgage on the property. Assailing the validity of the said order dated...

...is mentioned as Property No. 3 of the possession notice dt. 20.08.2019, which is the property in the name of Sri G. Bhaskara Rao and release the concerned title deeds/ documents discharge the mortgage on the property and the Respondent Bank may file Part Satisfaction Memo...No. 4 of possession notice dt.20.08.2019 which is the property in the name of Smt. G. Susheela and release the concerned title deeds/ documents and discharge the mortgage on the property and...and discharge the mortgage on the property forthwith. 2. Feeling aggrieved by the order, Appellant Bank preferred the Appeal. 3. As per...

...matter is repayment of the secured debt. The second matter is registration of the discharge or release of the mortgage before the Sub-Registrar and recording of satisfaction of the charge in the records...any debt or clearing of any charge. What remained was only registration of the deed or deeds of release and reconveyance and the consequential filing of satisfaction of the charge. According to him...be rejected. The Petitioners have shown that certain mortgage or charge entries continued to appear and that the Discharge Deeds were registered only on 18 August 2026. But that fact by does not show...

...which, the fourth respondent had closed his loan account and gave receipt for the settlement full satisfaction of the entire mortgage amount. However, the fourth respondent failed to release the.... Having not done so, the respondent 1 and 4 are at joint liability to forthwith release the mortgaged documents in view of the full satisfaction of the mortgage loan to the petitioner. Accordingly, this...Court hereby direct the fourth respondent to forthwith discharge the entire liability pertaining to the petitioner's mortgage loan with the first respondent and the first respondent is also directed...

...the mortgagee to pay such amount to the mortgagor. If the mortgage money due has been already paid by the mortgagor and has been accepted by the mortgagee in full discharge of the mortgage deed, no...all. At the moment when the rents and profits of the mortgaged property sufficed to discharge the principal secured by the mortgage, the mortgage came to an end and the correlative right arose in the...advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. It also defines various varieties of mortgage and, in clause (d...

...or the discharge of some other obligation for which it is given. This is the idea of a mortgage: and the security is redeemable on the payment or discharge of such debt or obligation, any provision to...anomalous mortgage enabling a mortgagee after a lapse of time and in the absence of redemption to enter and take the rents in satisfaction of the interest would be perfectly valid if it did not also hinder...the mortgaged property sufficed to discharge the principal secured by the mortgage, the mortgage came to an end and the correlative right arose in the mortgagor ‘to recover possession of the property...

...is a conveyance of land or an assignment of chattles as a security for the payment of a debt or the discharge of some other obligation for which it is given. This is the idea of a mortgage: and the.... Seth Swami Dayal, (1912) L. R. 49 I. A. 60, refer- red to. Consequently, in a suit, for redemption where the mortgage deed, by two distinct and independent terms provided...that (1) the mortgage shall not be redeemed for eightyfive years and (2) that it could be redeemed only after that period and within six months thereafter, failing which the mortgagor...

...sale of all .mortgage properties including the half share of Ram Narain Ram in survey Nos. 3384 and 3385. No mention was made of the earlier release of the Survey Nos. by the Society by a registered deed...Pandey) in these title suits asked for declaration of title and possession. Their case was that the release was void and inoperative and not binding on the Society. Therefore, the mortgage award and...claimed mala fide against the suit plots after their release and, in any event, there was attachment of these plots before the petition for the mortgage award was made...

...outstanding. The Mills executed a reconveyance of the rest of the properties to the mortgagors in release of the mortgage on the same day. In addition to this Rs. 97, 116-11-0, further sums of Rs. 14,400 and.... 29,667-10-0 was paid by Tarak, Kedar and Naku in satisfaction of the first mortgage and the 184 later decretal charge; Rs. 11,519-11-0 in....) The mortgagors were the plaintiff's father Tarak Lall and Tarak's two brothers Kedar and Naku. The mortgage was exe- cuted on the 12th June, 1936, in favour of one Mst. Gyarsi for a...

...158.1739 acres of land vide release deed dated 7-3-2017 and thereafter re-mortgaged on 7-3-2017. Mortgage deed dated 7-3-2017 for 151.0063 acres situated at Village Jikarpur, Tehsil Khair...in the following schedule of property have been found as preferential, undervalued and fraudulent, therefore, we pass the order for release and discharge of the security interest created by the...cannot be accepted. In the first place, we are clearly of the view that on release by the mortgagee, the mortgage ceases to exist and it is difficult to countenance the concept of a so-called re...

...), hereinafter called the Act, as amended by Act 15 of 1943 and Act 23 of 1943, to a mortgage in respect whereof a petition for scaling down the said mortgage debt under the provisions of “the Act” was...31,000. No interest was stipulated in the document, but the mortgagee was put in possession of the mortgage property. The mortgagee had to enjoy the income from the said property, and after...appropriating interest due on the mortgage and after paying the revenue and the jenmi's purappad, he was to pay to the mortgagors one edangali of paddy every year within the 30th of Makarom. The mortgage was...

...: Transfer of Property Act, 1882, s. 58(c)-Distinction between Mortgage by conditional sale and a sale with a clause for repurchase. HEADNOTE: M.... He claimed, inter alia, that Ex. B-1 must be deemed in law to be a mortgage by conditional sale and that he was entitled to redeem as the assignee of the equity of redemption; or alternatively, that..., the defendant had refused to accept it. On the other hand the defendant denied that Ex. B-1 was a mortgage by conditional sale and contended that it was an outright sale with a covenant for repurchase...

...has been that there has not been subsequent oral agreement to rescind or modify the mortgage, but there has been an actual discharge, and that oral evidence was admissible to prove a discharge. In my...mortgage, and although lie might have said when receiving Rs. 800, ‘I now discharge you from the mortgage,’ there was none the less an agreement which modified the original agreement of mortgage.” With all...requires a writing for a release of the debt by the creditor. What then is there to exclude oral evidence of the discharge of a mortgage bond when it is pleaded that it was made partly by payment of...

...against the mortgaged properties in execution. The appellant resisted by pointing out that there was no decree on the mortgage and the Bank could, if at all, only attach the properties and could not sell it...Fernandes, that there was no valid equitable mortgage created and no amount could be recovered from him based on it and that the suit was barred by limitation.3. The trial court...Bank filed an appeal in the High Court. The High Court held that the memorandum did not require registration and that a valid and enforceable equitable mortgage was created. The suit was held to be...

...it is given. This is the idea of a mortgage: and the security is redeemable on the payment or discharge of such debt or obligation, any provision to the contrary notwithstanding. That, in my opinion...appellants that the clause prescribing the period of mortgage did not constitute a clog on the equity of redemption and that the suit filed before the expiry of the stipulated time was premature in terms of...mortgage deed dated 19-3-1968. The said Smt Basant Kaur died whereafter the appellants herein stepped into her shoes qua the suit property and, according to the plaintiffs became mortgagees in possession...