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Search Results for "mortgagee"

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Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Case: Mirashi Tenant's Right of Redemption Extinguished After Land Resumed to Government and Regranted to Mortgagee Under Abolition Act. The Court held that the mortgagee's regrant was independent and not for the benefit of the mortgagor, and the mortgagor's failure to seek regrant extinguished his right of redemption.

17 Apr 2020

The case involves a dispute over the right of redemption of a mortgage concerning watan land. The suit land was originally a Paragana watan property g...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

10 Aug 2015

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

Supreme Court

Supreme Court Dismisses Appeal in Mortgage Redemption Case — Mortgage Extinguished by Act of Parties Under Section 60 TP Act. The right to redeem was extinguished when the mortgagee assignee received the mortgage amount and delivered possession to the decree-holder, even without formal endorsement.

8 Feb 2019

The appellants, Smt. Gowramma and another, were the original plaintiffs who had mortgaged their land in 1980 to Bangarasetty for Rs. 3,000. In 1982, t...

High Court

Bombay High Court Dismisses Second Appeal by Mortgagee in Redemption Suit — Mortgagee's Claim of Tenancy Rejected. Usufructuary Mortgagee Cannot Convert Possession into Tenancy Without Surrender of Possession and Fresh Lease; Suit for Redemption Filed Within Limitation Period of 30 Years Under Article 61(a) of Limitation Act, 1963.

16 Aug 2005

The appellant, Mhamulal Husen Momin, was the original defendant in a suit for redemption of mortgage filed by the respondents, who were the heirs of B...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Conditional Sale Deed Constructed as Mortgage. Court holds that a deed with a reconveyance clause is a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the mortgagee's adverse possession claim fails due to acknowledgment of title.

15 Feb 2017

The respondent (original plaintiff) filed a suit for possession and reconveyance of an agricultural land bearing Survey No.275, admeasuring 22 Ars, cl...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

4 Aug 2022

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

High Court

Bombay High Court Directs Mortgagee Bank to Fund Essential Supplies to Arrested Vessel Pending Judicial Sale — Priority of Supply Claims as Sheriff's Expenses. The court held that the mortgagee bank must bear the cost of preserving the arrested vessel and such expenses rank first in priority over all other claims.

11 Feb 2014

The Plaintiff, Coromandel International Limited, filed an Admiralty Suit against the vessel m.v. GLORY I and its owners, Andromeda Ship Holdings Ltd.,...

High Court

Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

4 Feb 2013

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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