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...important features of the scheme embodied in the Act. In the first place no suit for foreclosure is allowed by that Act in the case of a simple mortgage, and no suit is permitted either for foreclosure or..., and that a simple mortgagee may sue for sale but not for foreclosure, but that the Court is to order a sale in the case of a simple or an usufructuary mortgage when the mortgagor sues for redemption...mortgage, sue for the sale of the kanom property, but he cannot claim foreclosure either as a simple or an usufructuary mortgagee.
7. Another feature of the...
...this date. In case of the defendant's failure to do so, the property will be sold by auction. As the mortgage on which the suit was brought was a simple mortgage no decree for foreclosure could be passed...1. The facts which have given rise to this second appeal are as follows: On the 17th of August 1900 one Dabi Das made a mortgage of his property to one Deo Karan Das. Dabi Das rights were...sold at auction in execution of a simple money decree and purchased by Jwala Prasad, a son of the mortgagor. On the 30th of March 1911 Jwala Prasad got possession. On the 5th of May 1912 Jwala Prasad...
...correctly been held that in the case of a simple mortgage, right of foreclosure is not available in law, hence,
6...been claimed. As already stated supra in case of a simple mortgage right of foreclosure is not available. Therefore, neither relief of permanent prohibitory injunction nor mandatory injunction can be...at hand are that one Basant Singh had created a simple mortgage without possession on the suit land in favour of one Ram Singh. The amount borrowed was Rs.800/-. The simple mortgage had been created...
...suit was based upon simple mortgage, the question of foreclosure of the mortgage so as to attract Article 63(a) of Limitation Act, 1963 would not arise in this case. He has...mortgages viz., (1) Mortgage by Conditional Sale (2) Anomalous Mortgage reserving a right to foreclose and (3) Usufructuary Mortgage, and the instant suit being based on simple mortgage, the limitation per...Transfer at exhibit 35 colly clearly indicated that the mortgage was a simple mortgage, the learned Judge of the trial Court has rightly held that the limitation period for filing of the suit arising out...
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5. The learned Counsel for respondents No. 1, 7 and 8 has submitted that as the suit was based upon simple mortgage, the question of foreclosure of the mortgage so as to attract...Sale (2) Anomalous Mortgage reserving a right to foreclose and (3) Usufructuary Mortgage, and the instant suit being based on simple mortgage, the limitation period would be of 12 years as prescribed under Article ...limitation. The Appellate Court found that the suit was based upon a simple mortgage and therefore not Article 63(a) but Article 62 of the Limitation Act applied. The trial Court...
...recovery of money, in other words, it is only recovery of money simplicitor. The so-called mortgagee has not filed any suit for foreclosure or the recovery of money based on the simple mortgage deed dated 28.12.2012. As lon...petition are as follows:
The respondent has filed Arbitration Original Petition for recovery of sum of Rs.19,38,444/-. Though the petitioner has also executed a simple...mortgage deed dated 07.05.2018, but arbitration proceedings has been initiated only for recovery of money. The learned Arbitrator in AOP.No.94 of 2019 has passed the award directing the borrower to pay a...
...foreclosure or the recovery of money based on the simple mortgage deed dated 28.12.2012. As long as there is no decree or final decree is passed for foreclosure of suit as per Order XXXIV of CPC, in the....10,71,129/-. Though the petitioner has also executed a simple mortgage deed dated 28.12.2022, but arbitration proceedings has been initiated only for recovery of money. The learned Arbitrator in AOP.No...amount based on the simple award for money. It is also well settled that as far as the enforcement of the mortgage is concerned, arbitral tribunal have no jurisdiction instead Civil Court has to decide the...
...voluntary sales, there would have been no necessity of excluding simple or usufructuary mortgage or mortgage by conditional sale until a decree or order absolute for foreclosure is made. Let us take..., until a decree or order absolute for the foreclosure is made, simple or usufructuary mortgage or mortgage by conditional sale. This limitation taken along with the very wide use of the term ‘transfer’ as...refer to the provisions contained in S. 26-C it may be noticed that in sub-s. (11) of S. 26F, it is provided:“In this section ‘transfer’ does not include simple or usufructuary mortgage...
...proceeds but to only so much as may be necessary to meet his debt.
8. In 26 Bombay, 305, Chandavarkar, J., said at page 311: "A simple mortgage creates a right to recover the debt due on it from land; a ...1. Lal Umrao Singh, judgment-debtor (the applicant in revision here) held a simple mortgage bond which was attached and sold by Lai Singh, the first opposite party here, in execution of a...on the 28th filed an application under Order XXI, Rule 89, to get the sale set aside. The decree-holder objected that the simple mortgage, bond- not being "immovable...
...no distinction between a suit to enforce a simple mortgage by sale and a suit for foreclosure of a mortgage by conditional sale. I concur with the other members of the Court in allowing the appeal and...brothers—Beni Rai, Madho Bai, Shankar Rai and Khedu Rai, and their children. The plaintiff instituted the suit which has given rise to this second appeal for foreclosure of his mortgage. A number of...appeal arises out of a suit brought by the appellant for foreclosure of a mortgage executed in his favour on the 12th of August, 1889, in respect of a 2 anna share by Alrakh Rai, and his nephew...
...of interest, and that whereas the former deed was a deed of simple mortgage accompanied with provisions enabling the mortgagees, in the event of default, to convert it into a mortgage with possession, in the substituted dee..., as has been stated, acquired the one moiety in the original mortgage purchased by Chotai Lal in April 1873, issued notice of foreclosure in respect of one moiety of the mortgage, and on the expiry of...the year of grace he has instituted four suits. In the first he claims in virtue of the mortgage and foreclosure to obtain the possession of 4 annas out of the two shares of 4 annas each, which are...
...interest, and that whereas the former deed was a deed of simple mortgage accompanied with provisions enabling the mortgagees, in the event of default, to convert it into a mortgage with possession, in the substituted deed t..., as has been stated, acquired the one moiety in the original mortgage purchased by Chotai Lal, in April 1873, issued notice of foreclosure in respect of one moiety of the mortgage, and on the expiry of...the year of grace he has instituted four suits. In the first lie claims in virtue of the mortgage and foreclosure to obtain the possession of 4 annas out of the two shares of 4 annas each, which are...
...the foreclosure clause, held that there was a subsisting mortgage and that could only mean a simple mortgage. On such a simple mortgage, the Act not being applicable, the mortgagee would be entitl...section 16 in the case of a simple mortgage.It is true that it may be said that both parties rested under the remand order excising the foreclosure clause, but that does not preclude...mortgage as it at present stands is a simple mortgage, or to restore the foreclosure clause and give him a decree for foreclosure.In view of the fact that, as I understand, my learned...
...respect of the debts due on two mortgages, one a mortgage for foreclosure and another a simple mortgage. A certificate was issued under S. 13(3). The contention of the debtor was that the village could...if two decrees were held to have been passed in respect of the two mortgage debts, the position of the objector did not materially alter in consequence. If there is a final decree for foreclosure..., delivering possession of property mentioned in two mortgage deeds.2. The Debt Relief Court framed a scheme determining the debts of the respondents at Rs. 11,341. The sum was payable...
...period fixed by the decree. It is manifest from Section 92 that such an order can only be passed in the case of mortgages other than simple or usufructuary mortgages. The mortgage here was usufructuary...to redeem in all cases other than the case of simple or usufructuary mortgage, and, unless the mortgage is by conditional sale, for an order that the mortgaged property be sold, The last paragraph but... and William Burkitt, J.
1. This appeal arises out of a suit for redemption of a usufructuary mortgage of the 28th of July 1887. Both the lower Courts dismissed the...
...under a simple mortgage and property which has been transferred under a decree for foreclosure. In neither case is the defendant seeking to enforce an old mortgage.5. He merely holds up...mortgage of 1883 as well. The Court below has based its decision upon the fact that the mortgage of 1883 was a mortgage by conditional sale, that when the decree was obtained for foreclosure by Ghulam...defendants-appellants on the basis of a mortgage-deed executed in her favour by Jag Ram and Net Ram on 14th October 1902. Her mortgage covers more than the property which is in dispute before us on appeal...
...owners of the suit land by foreclosure of mortgage. In the previous suit filed by the defendants, the mortgage was held to be simple mortgage without possession in favour of the defendants. But the...that they are mortgagees with possession. On the contrary, in the previous suit, defendants themselves pleaded that the mortgage was simple mortgage without possession. Thus aforesaid contention is completely meritless....to be simple mortgage but sought declaration that they had become owners of the suit land due to non-redemption of the mortgage. Defendants sought amendment of plaint of the said previous suit to...
...judicata. The case is not much to the point here. In Sri Raja Panama Rao v. Sri Vira Pratapa H.V Ramachandra Razu, the decree passed on a simple mortgage did not suggest foreclosure or...for sale of the mortgaged property, if the mortgage amount was not paid, but containing no foreclosure clause. The decree was not executed and the decree amount was not paid, but no order absolute for...the form of that decree, whether for foreclosure, sale or redemption, the parties to the mortgage and to the suit and their legal representatives or assignees cannot maintain in future any separate...
...sale as such to institute a suit for sale. Therefore, in a case of simple mortgage, right to foreclosure is not available. Thus, claim of the plaintiffs, on the basis of principle of foreclosure, is...purchasers of parts of suit land from defendant No. 1.9. As per plaintiffs' case, Basant Singh created a simple mortgage, without possession, on the suit land in favour....17. Indisputably, mortgage created in present case is “simple mortgage” which is defined in Section 58(b) of Transfer of Property Act, 1882 (hereinafter referred to as ‘TPA’), which reads as...
...would bar the remedy by sale in execution of the simple mortgage decree. We were also referred to the cage of Kalka Praaad v. Ajudhia Prasad A.I.R. 1929 All...executed a simple mortgage deed for Rs. 775 in favour of the plaintiff Bansidhar. Tunde died when he was a minor and his widow defendant 1 Mt. Larhai alias Raja Beti, executed a sale deed of her right to...redeem in favour of defendants 2 to 5, the appellants before us. The plaintiff has brought a suit to enforce his simple mortgage deed by sale. The Court of first instance granted a preliminary decree...