Search Results for "possessory mortgage"

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Search Results for "possessory mortgage"

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High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

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 Allows Redemption of Mortgage in Second Appeal — Usufructuary Mortgage with Fixed Term of 20 Years and Condition of Return of Possession Upheld. Court holds that a mortgage by conditional sale with a fixed term of 20 years and a stipulation for return of possession after expiry is a simple usufructuary mortgage, and the mortgagor's right to redeem subsists even after the term.

12 Jun 2014

The case involves a second appeal arising from a suit for redemption of mortgage filed by the respondents (plaintiffs) against the appellant (defendan...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Suit for redemption of mortgage filed after 26 years held barred by limitation and not maintainable as mortgage was not proved.

7 May 2014

The appellants, Sanjay Punamchand Pipada and Zamkubai Punamchand Pipada, filed a second appeal against the judgment and decree of the Regular Civil Su...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Allows Writ Petition Challenging Bank's Dispossession of Member from Co-operative Society Gala Without Proper Notice Under Maharashtra Co-operative Societies Act. Court holds that possession of a member of a co-operative society cannot be taken without following due process under Section 101 of the MCS Act and the Maharashtra Co-operative Societies Rules, 1961.

6 Jun 2006

The petitioner, Natrajan Chandran, was a member of the Royal Industrial Co-operative Society Limited and was allotted Gala number C-16. He intended to...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Appellants' Possessory Title Upheld Over Respondents' Claim of Redemption. Court holds that a mortgagee in possession acquires title by adverse possession after 12 years from the date of mortgage if the mortgagor fails to redeem within the limitation period under Article 61 of the Limitation Act, 1963.

14 Oct 2005

The case involves a second appeal before the Bombay High Court arising from a suit for redemption of mortgage and possession filed by the respondents ...

High Court

Bombay High Court Dismisses Second Appeals in Possessory Mortgage Redemption Suit — Upholds Concurrent Findings on Limitation and Adverse Possession. The court held that the suit for redemption filed after 36-year mortgage period plus 30-year limitation period was barred by limitation, and that the mortgagee had perfected title by adverse possession.

16 Feb 2005

The appellants, original plaintiffs, filed Second Appeals against a common judgment and decree of the Appellate Court dismissing their suit for redemp...

High Court

Bombay High Court Allows Second Appeals in Property Dispute, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to properly analyze evidence regarding the starting point of limitation under Article 65 of the Limitation Act, 1963, and the plea of adverse possession.

30 Nov -0001

The case involves a property dispute in Velim, Goa. The appellants (legal heirs of Egidio Joaquim Fernandes and others) filed a suit for possession of...

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