.... The maxim ‘once a mortgage always a mortgage' applies. Therefore, when the defendant entered upon possession he was there as a mortgagee and being a mortgage the plaintiffs have a right to redeem...necessity for setting aside the sale.7. The legal position may be stated thus: (1) The governing principle is “once a mortgage always a mortgage “till the mortgage is terminated...usufructuary mortgage bond (Ex. B) for Rs 1500 in favour of Lakshminarayan Pani, the father of the appellants herein. Under the terms of the said usufructuary mortgage, the mortgaged property was put in...

...tenders to the mortgagee or deposits in Court, the mortgage money or the balance thereof. Thus, it is held that once a mortgage always a mortgage and is always redeemable...land the profits are being adjusted towards interest on the mortgage amount. In view of the said interpretation, the principle that once a mortgage, always a mortgage and, therefore always redeemable...is meant by a clog or fetter on the equity of redemption and is therefore void. It follows from this, that ‘once a mortgage, always a mortgage’.”7. The right of...

...as once mortgage always mortgage. Further, it is clear that Flat No. 1803-B and Flat No.2003-B have been shown prior to the mortgage. Hence, the mortgage as created on 29.06.2015 shall not be treated...and subsisting and the alleged sale of these flats after mortgage will always be subject to mortgage. 6. The applicants have given the description of the properties that includes...said sale shall always be treated as subject to mortgage and I find that the alleged mortgage is valid and subsisting in favour of the respondent no.1, I do not find any cogent and substantial reasons...

...right to redeem the mortgage at any point of time on the principle that once a mortgage always a mortgage. Such judgment was affirmed by this Court in ‘Singh Ram (Dead) Through Legal Representatives...High Court in ‘Ram Kishan v. Sheo Ram’ reported in AIR 2008 P&H 77 held that once a usufructuary mortgage is created, the mortgagor has a...mortgagee rights to the plaintiff vide sale deed dated 18.06.1979.3. Since the mortgage was not redeemed by the mortgagor within a period of 30 years, the plaintiff filed a...

.... "Once Mortgage always mortgage until redeemed" is fully applicable in the present case and any 5...that the applicant herein is admittedly subsequent alleged purchaser of the Flat (3rdFloor) and is having no chain of title deeds, hence, the equitable principle of the mortgage i.e... subsequent sale of the mortgaged property is subject to mortgage and can be sold to realize the loan secured under the mortgage. It is stated in the reply that the respondents no. 2 & 3...

...mortgagee took possession of the property under invalid deeds and it was for him to have proper and valid deeds executed in his favour. The principle once a mortgage always a mortgage must apply and the mortgagee cannot be in any other position but that of a mortgages and cannot be permitted to resist the redemption by the mortgagor.”4. If I may respectfully say so, the reference to the principle once a...always a mortgage begs the whole question. The statute requires a registered instrument for the creation of a mortgage when the amount of the consideration it Rs. 100/- or more. Where there is no registered instrument, there is no mortgage, and therefore the principle once a...mortgage always a mortgage has no application.5. But, as I have observed above...

...rule “once a mortgage always a mortgage”, the right of a mortgagor to redeem the mortgage would continue unless the same is extinguished either by reason of a decree passed by a court of law or by an...parties or by a decree of court.13. In the Law of Mortgage by Dr Rashbehary Ghose at pp. 231-32 under the heading “Once a mortgage, always a mortgage”, it is noticed:“In 1681 Lord Nottingham in the leading case of Howard v. Harris (1681) 1 Vern 33 firmly laid down the principle: ‘Once a...mortgagor coming to redeem. In 1902 the well-known maxim, ‘once a mortgage, always a mortgage’, was supplemented by the words ‘and nothing but a mortgage’ added by Lord Davey in the leading case of Noakes v...

...right of mortgager to redeem the property and property can be redeemed at any time. It was held that once a mortgage is always a mortgage and therefore, always redeemable. This is, however, subject to any...can be redeemed at any time and that “once a mortgage always a mortgage” I have no hesitation to conclude that principles of law of limitation have been correctly applied by both the courts below...others, whereby the suit for joint possession by way of redemption of mortgage filed by the respondent herein, Shri Amar Singh, as plaintiff against the appellants herein Shri Parkash Chand and others...

...clog or fetter on the equity of redemption and is therefore void. It follows from this, that "once a mortgage always a mortgage ". The right of redemption...period. This is not permissible, for " once a mortgage always a mortgage " and therefore always redeemable. The same result also follows from s. 60 of the Transfer of Property Act. So it was said in...clogs on the equity of redemption is that, a mortgage shall always be redeemable and a mortgagor's right to redeem shall neither be taken away nor be limited by any contract between the parties. The...

...that the principle that once a mortgage is always a mortgage means that once a transaction is in the form of mortgage, it cannot be converted into any other transaction even of by the acts of the...what is meant by a clog or fetter on the equity of redemption and is therefore void. It follows from this, that once a mortgage always a mortgage. xx xx xx xx The courts of equity have fought for.... Ramvilas Gangabisan Heda (dead) through LRs. and others, (2003)3 SCC 614, the maxim `once mortgage, always a mortgage has been...

...applicable to all mortgages, namely ‘Once a mortgage, always a mortgage’.”10. Any provision incorporated in the mortgage deed to prevent or hamper the redemption...redemption and is therefore void. It follows from this, that ‘once a mortgage always a mortgage.’The right of redemption, therefore, cannot be taken away. The courts will...AIR 1958 SC 770, 1959 SCR 509 held:“The rule against clogs on the equity of redemption is that, a mortgage shall always be redeemable and a mortgagor's right to redeem...

...,there is no period of limitation for redemption of mortgage and the principle‘once mortgage always a mortgage’ is applicable, the plaintiff-appellants are not entitled to the declaration...interpretation, the principle that once a mortgage, always a mortgage and, therefore always redeemable would be applicable.33. The argument that after the expiry of period of limitation to sue...mortgage money or the balance thereof. Thus, it is held that once a mortgage always a mortgage and is always redeemable.”In view of the Full Bench Judgment in Ram Kishan's case (supra...

...Section. It is also argued that the principle that once a mortgage is always a rhortgage means that once a transaction is in the form of mortgage, it cannot be converted into any other transaction even...which the security was given is what is meant by a clog or fetter on the equity of redemption and is therefore void. It follows from this, that "once a mortgage always a mortgage". xx xx xx xx The...'once mortgage, always a mortgage has been explained as under (Eighth Edition - Page Nos. 280-281) under the heading "Once a Mortgage, always a mortgage": In 1681 Lord Nottingham in the leading case of Harris v. Harris (1681) 1 Vern 33 firmly Lald down the principle: 'Once a...

...“once a mortgage always a mortgage” applies. Therefore, when the defendant entered upon possession he was there as a mortgagee and being a mortgagee the plaintifs have a right to redeem unless there is...to the defendant on 13-9-1930 by way of simple mortgage. The rent, payable by the first plaintiff to the landlord, fell into arrears and so the landlord sued him for the arrears. A decree was obtained...always had been at all material times, in actual physical possession.6. The plaintiffs pleaded that these latter transactions were collusive and fraudulent but the...

...mortgagor pays or tenders to mortgagee or deposits in Court, the mortgage money or balance thereof. It was thus, held that once a mortgage always a mortgage and is always redeemable.4...the property in question by efflux of time, as the mortgage deed dated 24.11.1959 executed by the predecessor of respondent-defendants No. 1 to 5 was not redeemed despite the lapse of more than 30...years. The respondents No. 1 to 5, however, while opposing the claim of appellants also set up a counter-claim for redemption of the usufructuary mortgage. The learned trial Court dismissed the suit of...

...deeds and it was for him to have proper and valid deeds executed in his favour. The principle once a mortgage always a mortgage must apply, and the mortgagee cannot be in any other position but that...consideration for these mortgages aggregate Rs. 240. Mr. Varma on behalf of the appellants contends that the mortgage for Rs. 240 must be by registered-deed and as it was not by registered-deed the...mortgage was invalid. He also disputes the finding as to there being three separate mortgages and as to their having been consolidated into one. The reason for this latter contention is based upon an...

...form: "Once a mortgage always a mortgage and nothing but a mortgage, "and then continues: "The meaning of that is, that the mortgagee shall not make any stipulation which will prevent a mortgagor, who...improperly cast upon the mortgagees the burden of proving as to the amount of the sum advanced on the occasion of the mortgage. We think it acted quite within its right when regard is had to...

...once a mortgage always a mortgage and is always redeemable”.34. In Panchanan Sharma's case (supra), Hon'ble Supreme Court has held that if the deed gives time for redemption or...taking the plea that mortgage was already redeemed and now they are in possession as owners.Suit filed by appellants-plaintiffs was dismissed by learned trial Court by holding that once...a mortgage always a mortgage and that appellants-plaintiffs cannot become owners in possession of the suit land. Appeal filed by appellants-plaintiffs against the said judgment and decree was also...

...below that the principle of 'once mortgage always a mortgage' would apply and the mortgage is redeemable irrespective of time constraints. Both the Courts below have decreed the suit...mortgage. [2]. The issue of usufructuary mortgage was debated before the Courts below and right to seek redemption on payment of mortgage money was established and acknowledged by...

...view of the said interpretation, the principle that once a mortgage, always a mortgage and, therefore, always redeemable would be applicable. (see para 44)2. The mortgage cannot be...borrowed from English jurisprudence that once a mortgage is always a mortgage and any default for adhering to the direction for payment within a prescribed period cannot still take away the right of the...principle may be deduced, namely, ‘once a mortgage, always a mortgage, and nothing but a mortgage’. In other words, any stipulation which prevents a mortgagor from getting back the property mortgaged is void...