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...Transfer of Property Act. Sec. 60 deals with the right to redeem and Sec. 62 deals with the right to rec...Transfer of Property Act read with the limitation Act the right to redeem and the right of a suit for possession of mortgaged property extinguished on ...appellants before us. In 1944 the successors of the original mortgagor instituted an application under Sec. 12 of the Agriculturists' Relief Act against sons of Ram Narain who...
...sec. 83 of the Transfer of Property Act, and does not refer to a suit for redemption, which right is enumerated in sec. 60 .... That right can only be enforced by a suit, if the mortgagee is not prepared to redeem on demand or on application under sec. 83 of the Transfer of Property Act....the other by suit are two distinct rights provided separately in the Transfer of Property Act. As a suit to redeem has...
...reconveyed, Sri Mool Narain did not acquire any interest in the two houses (Sec. 54 of the Transfer of Property Act) and as such this right could not be described as imm...within the widest meaning of the words in which it could be used and that it would be saleable unless piohibited by something contained in the Transfer of Property Act or Sec. ...case also the question that because of Sec. 54 of the Transfer of Property Act, no interest in the immovable property itself was created, and that unde...
...cannot be transferred under sec. 6(dd) of the Transfer of Property Act and it is immaterial whether the right was acquired under a deed for the first time or not. It wa...sec. 6(dd) of the Transfer of Property Act, are equally applicable in construing sec. 60(1)(n) C.P.C and that this assumption is not correct as the lan...) to consider the question whether a particular grant was grant for maintenance. They referred to the meaning of ‘maintenance’ in Chambers Twentieth Century Dictionary, namely, “the act of maintaining, supporting, ...
...the mortgagees against whom that right of redemption is claimed and that the acknowledgment should be with respect to such a right of redemption. It is Sec. 60 of the Transfer ...indicates the content of the right of redemption. Paragraph 3 of Sec. 60 of the Transfer of Property Act is:“The righ.... 60 of the Transfer of Property Act to support the contention that merely because co-mortgagees get separate possession over certain portions of the mortgaged property,...
...under Sec, 60 of the Transfer of Property Act. The relevant portion of Sec. ...Hari Shankar, J.:— This revision arises out of a suit brought under Sec. 33 of the Agriculturists' Relief Act.2. On 20th May, 1927 Hira Lal...Sec. 33 of the Agriculturists' Relief Act. The Courts below were in error in decreeing the suit.13. The principle that the act of parties to a mortgage transactio...
...necessary in that case to define the power of the revenue court under item 5, and to consider the applicability of sec. 60 and sec. 83 of the Transfer of ...-delivered. sec. 83 of the Transfer of Property Act is altogether different, and provides for an inexpensive remedy relating to mortgages so that suits under ...mortgagor is left to his remedy by a suit under sec. 60. Comparing this nature of an application under sec. 83 of the Transfer of Property Act...
...date of publication of notice for public auction does not, in our opinion, lead to an expression of opinion by the Supreme Court that the law of redemption as per Section 60 of the ...SARFAESI Act ……………… 24-45F. Redemption of Mortgage under Section 60 of the Transfer of Property Act, 1882 ……………………………………………………………….. 45-49...interpreted Section 13(8) of the SARFAESI Act. The right of redemption is nowhere mentioned in the SARFAESI Act and in such circumstances, Section 60 of the Transfer of ...
...possession which strictly fall within the ambit of Sec. 58(b) of the Transfer of Property Act of 1882. The said statute, has conferred certain rights a...security have to be joined as parties to the suit. The idea of partial redemption is foreign to the provisions of Sec. 60 of the Transfer of Property ...mortgage. The principle embodied in the last clause of Sec. 67, Transfer of Property Act, is somewhat analogous to that contained in the last clause ...
...provisions of the Transfer of Property Act property is subject to a charge. The charge could be enforced straight...of the Transfer of Property Act as a waiver contemplated under sub-sec. (1-A) of S. 60 of the Code. The question of waiver would arise only in the context ...provisions of the Transfer of Property Act or of any other statute. That right cannot be said to have been taken ...
...principle which underlies the last paragraph of sec. 60 of the Transfer of Property Act.As to the other question, it seems to us that the Plaintiffs can only redee...If we had to consider in this case the abstract question, whether one of several mortgagors is entitled to redeem his share of the mortgaged property, we should be inclined to hold, with...the Subordinate Judge, that he is not so entitled, and that he must redeem the entire property on payment of the entire mortgage debt, but in the circumstances of this case, we think that the...
...possession of mortgaged immovable property shall be brought within 60 years from the time when the right to redeem or to recover possession accrues. The right of redemption has been defined in sec. ...first case the mortgagor stipulated to redeem property in the month of jeth not specifying any year. It was held that the stipulation is for the benefit of mortgagor and the right to redeem accrued...existence it is but fair that the mortgagor should be able to redeem the property without any payment whatsoever. We therefore, allow this appeal, set aside the judgment and decree of the additional commissioner, jaipur, and restore...
...Sec. 60 of the Transfer of Property Act contemplates no partial redemption. When two brothers redeemed their property, they stepped into the shoes ...appeal deserves to be dismised outright because no substantial question of law is involved as required under Sec. 100 C.P.C and Section 331(4) of the Act. Their second submission is that...contention that a mortage is sale under Sec. 164 of the Act. There is no doubt it that a mortgage with possession is a sale and the bhumidhari rights are extinguished after a mortgagee enters into...
...sec. 60 transfer of property act, and when it is alleged to have been extinguished by a decree, the decree should run strictly in accordance with the form prescribed for the purpose. Unless the eq...act of parties or by an order of the court, the right to redeem must receive its natural and full play.
In view of these authorities, i find that there is no substance in this...revision petition. The petitioners cannot adopt the plea of res judicata, so long as the right to redeem is not extinguished effectively either by act of the parties or by an order of the court.
In...
...that under Sec.60 of the Transfer of Property Act, the integrity of a mortgagee is not broken except where the mortgagee has purchased or otherwise acq...mortgage liability under Sec.60 of the Transfer of Property Act which deals with the right of a mortgagor to redeem on payment or tender of th.... It is also pointed out that under Sec.60 of the T.P Act a part purchaser of a mortgaged property from the mortgagor can redeem the whole of the mortgaged property if he is read...
...Transfer of Property Act. I may so because of the last paragraph of Sec. 60 ...redeemed, it would be restored to its original status.
(9.) According to Sec. 58 of the Transfer of Property Act, a mortgage is only the ...Section 60 of the Transfer of Property Act. namely, the right to redeem. This "right to redeem" cannot be said to...
...sec. 60 of the Transfer of Property Act is a rule intended for the benefit of the mortgagee and that a mortgagor interested in a part only of ...Richardson, J.:— The Appellant before us is the Plaintiff in a suit for the redemption of a mortgage. The property in question originally belonged to five brothers—Ram Dayal, Uma Charan...) purchased the equity of redemption in the property mortgaged to them. On the 28th March 1910 the Plaintiff purchased the rights of the Defendants Nos. 2 and 3. He then brought this suit to redeem the...
...clause of sec. 60 of the Transfer of Property Act a person interested in a share only of the mortgaged property can be compelled to r...entitle him to redeem it. The learned pleader for the Respondent cites sub-sec. (a) of sec. 91 of the Transfer of Property Act, in which it is said tha...Transfer of Property Act it is clear that the Plaintiff was bound to bring on the record all persons interested in the mortgage; and we think that the Court of first instance was wrong in...
...by conditional sale it is quite clear that there is certain date on which the mortgage money becomes due. Under sec. 60 of the Transfer of Property Act, at any ...mortgage” as defined in sec. 58 of the Transfer of Property Act, “is the transfer of an interest in specific immovable property, for the purpo...certain contingencies mentioned in sec. 68(1) of the Transfer of Property Act, the mortgagee may have a right to sue for the mortgage money even in the case of ...
...clearly by the last few words of the final clause of sec. 60 of the Transfer of Property Act. A mortgagee having become a partial owner ...plaint were charged with the payment of the sum and rice payable and deliverable to the widow. The Plaintiff subsequently acquired a portion of the property mentioned in the khorposhnama from the...certain properties and it was capable of transfer in the same manner as in other cases. The mere fact that the grantee of the deed of covenant happens to be a Hindu widow does not prevent her from...