...good conscience (as applicable to India) do not accord the Crown a preferential right for recovery of its debts over a mortgagee or pledgee of goods or a secured creditor. It is only in cases where...concerned. On behalf of the Bank, as also on behalf of the borrowers who supported the Bank in this regard, two pleas were raised. Firstly, it was submitted that the right of the State to realise its...arrears of tax could not take precedence over the right of the Bank to enforce its security, it being a secured creditor. Secondly, it was submitted that the property mortgaged in favour of the Bank was...

...second mortgagee. Section 60 of the Transfer of Property Act lays down the right of the mortgagor to redeem the...claimed by the second or other subsequent mortgagee. But has the second mortgagee any other right than that of redemption? The section simply says that whatever rights he may have against the...mortgagor he will have them against incumbrances subsequent to himself in date. But what are the rights of the puisne mortgagee against his mortgagor over and above his right of redemption of the prior...

...good conscience (as applicable to India) do not accord the Crown a preferential right for recovery of its debts over a mortgagee or pledgee of goods or a secured creditor. It is only in cases where..., 1952 and Employees' State Insurance Act, 1948. The learned counsel appears to be right.9. Generally, the rights of the Crown to recover the debt would prevail over the...right of a subject. Crown debt means the “debts due to the State or the King; debts which a prerogative entitles the Crown to claim priority for before all other creditors”. [See Advanced Law Lexicon by...

...second appeal has sought to distinguish the cases which are referred to in the judgment by saying that these cases did not decide that the right of the subsequent mortgagee who was not a party to the.... the first mortgagee purchased first. What these cases decide was that, quite apart from the question of the right to redeem the right to possess the property was with the prior purchaser and it..., and in execution of it purchased the property on 13th June 1922, and took possession on 18th July 1923. In neither of the two mortgage suits was the other mortgagee made a party. Plaintiffs allege that...

...contended on behalf of the plaintiffs-respondents that the decision in Mata Din Kasodhan v. Kazim Husain does not govern this case, and that it would be a hardship to postpone the right of the second ...] were applied to a suit by a subsequent mortgagee where the prior mortgage was a usufructuary one, the subsequent mortgagee might by reason of limitation be prevented from availing himself of the...suit by a subsequent mortgagee to be barred by limitation. In the present case the plaintiffs brought their suit before the time when they could in it ask for redemption of the usufructuary mortgage...

...mortgagee's suit to which the subsequent mortgagee is no party acquires the right of the mortgagor. It has been recognised in numerous other cases tbat the puisne mortgagee's right to redeem the prior mort...date of the prior mortgage. If the appellant's contention is correct, the prior mortgagee could materially vary the right of the subsequent mortgagee so far as limitation is concerned by instituting a...reckoned from the date of his own mortgage. The right of the subsequent mortgagee to redeem the mortgaged property, where it has been sold at the instance of the prior mortgagee in a suit to which...

...type of mortgage authorising the mortgagee to retain possession until the payment of the mortgage money. In it only in those cases a right is created in a mortgagee to protect his possession again...money. It is no doubt an optional or alternative right available to the mortgagee. The mortgagee is therefore having a right in the limited cases as mentioned above to retain possession of the mor...put in possession. The right of a mortgagee is circumscribed. His real right is to recover the mortgage money, and the immoveable property is merely a security for the loan. Possession may be given incidentally. Wh...

...preferential right for recovery of its debts over a mortgagee or pledgee of goods or a secured creditor. It is only in cases where the Crown's right and that of the subject meet at one an...provide the copies of the adjudication orders relating to the three cases mentioned in the notice. Thereafter, vide reply dated 7-12-2004, the appellant disputed the liability stating that the amount was...of the State Financial Corporations Act. He further argued that in any case the High Court was right in holding that by virtue of the stipulations in the sale deed as well as in the agreement of sale...

...., foreclosure, sale and suit for the money clue, Section 67 being concerned with the two first and section 68 with the last. section 68 declares the right of the mortgagee to sue for the mortgage money in certain ...it does not affect the provisions of section 67 as to his right to foreclosure or sale, and that Section expressly denies to a usufructuary mortgagee the right to sue for foreclosure or...sale. It is true third defendant was also only a usufructuary mortgagee and therefore had no right to sue for sale of the mortgaged property, and the decree for sale and the sale under it might have...

...cases unreported, this Court has consistently recognised the right of the second mortgagee to sue for sale subject to the prior mortgage. The Full Bench of the Calcutta High Court has also taken the same...the observation. None of those cases negatives the right of a second mortgagee to sue for sale whether before or after the first mortgagee's decree and sale. It may be the second mortgagee had no ...subsequent mortgagee. But has the second mortgagee any other right than that of redemption? The section simply says that whatever rights he may have against the mortgagor he will have them against...

...referred to a considerable number of cases upon the question whether a puisne mortgagee whose right to enforce his mortgage is barred under Article 132 is nevertheless still entitled to redeem a prior...although his right to enforce payment of his mortgage money is barred under Article 132, nevertheless his right as mortgagee is not barred under section 28 of the lim. act, that is to say, the remedy...is barred, but nob the right, and he says that one of his rights as mortgagee is to redeem a prior mortgage, that right being given by...

.... 212 : (41 P.L.R 529). The fasts of that case were very similar to the facts of the two cases before me. In that case also the mortgagee had a right to take possession on default...thereupon the right to sue for possession accrued to the mortgagee at once. Subsequently, however, the interest due was paid by execution of sarkhats and later still these sarkhats were converted into...no longer continue to run.4. In the present cases, after the defaults had been made, payments were accepted by the mortgagee in respect of the amounts defaulted. Before these payments...

...is raised on the strength of the provisions of s. 68(1)(d) of the Transfer of Property Act. Section 68 provides for the right of the mortgagee to sue for the mo...hand, the plaintiffs' contention is that s. 68(1)(d) primarily deals with cases of possessory mortgages which do not contain a personal covenant to pay, and the effect of s. 68(1)(d) in such cases is to clothe the ...mortgagee found that the mortgagor was committing a default in delivering possession of the mortgaged property to him it was his right and his obligation to sue for the mortgage amount. This contention...

....12. Section 68 of the Transfer of Property Act confers a right upon the mortgagee to sue for the mortgage money in four different classes of cases and no others. These...governed by Article 116 of the Limitation Act. Similarly the right to sue where the mortgagee is deprived of the mortgage security or where he is not secured in his possession of the mortgaged...borrowed with interest at the rate of Rs 1/8 per mensem, and further agreed that in default of payment, the mortgagee do recover the amount due by sale of his interest in Mauza Bansjora, Simitanr and...

...that the right to the appointment of a Receiver depended on the right to obtain possession. Now it is true, as has been observed in some of these cases, the right of a simple .... It is only regarding the property which was mortgaged to the plaintiff that the Court appoints a Receiver in such a case. The circumstance that the right of the mortgagee to have personal relief against the mortgagor and ...of Equity would not grant a Receiver where the party applying had a legal right to possession: an equitable mortgagee could get a Receiver but a legal mortgagee could not before the Judicature Act. It...

...mortgage as a shield against the claim of the intermediate mortgagee if the right to enforce that mortgage was subsisting. 5. There is, however, a considerable difference between cases...74 of the Transfer of Property Act and cases where the rights of the mortgagors have merged in the mortgagee within the meaning of...: 32 A. 16 A.L.J. 987, a mortgagee, who had, in the exercise of a right of pre-emption, purchased the property mortgaged to him, was held to have a right to be re-paid the money due in...

....7. Jones in his Book of Mortgages, 7th edition (Article 878, paragraph 2) says:—The junior mortgagee, by redeeming from the prior mortgagee, is subrogated to the right of a f...property all the right and powers of the mortgagee, as such, to whom he has made such tender.4. It has been argued that this can mean only this, that a mortgagee, who is not an...immediately next mortgagee has no a right to be subrogated to the position of a mortgagee, if there be a mesne a mortgagee between the perron making the payment and the person receiving the same. The argum...

.... Kesavan, both of which were suits for redemption against a mortgagee who was in possession and pleaded a right of pre-emption which an ottidar has under the customary law of Malabar. In both these ...period, cannot extinguish the right of redemption.In none of these cases did the pre-emptor, who was in possession as mortgagee, offer to exercise his right of pre-emption...Appavu and his mortgagee, Samu the only question which could arise would be whether the covenant was invalid as being made in restriction of Appavu's right of redemption or for any other reason. Samu's...

...pursuance of the attachment takes place. According to this view the defendant lost his right of redemption when he purchased the property during the pendency of the plaintiff's suit. There can be no doubt that this...brought by a mortgagee for sale of the mortgaged property. It follows that the defendant had a right to redeem the mortgage in favour of the plaintiff and if that he should have been made a party to...of these cases the right of the attaching creditor to redeem the mortgage was deemed subsisting after the sale in execution of the simple money decree and when there was a conflict between the auction...