schedule property for a
mortgage amount of Rs. 1,50,000/- by Nagamma G and she
has executed mortgage agreement ... floor of A schedule property
for a mortgage amount of Rs. 1,50,000/- vide mortgage
agreement dt: 11.3.2013 and the same is duly registered
Defence setup by defendant inWS ................20
Law on Mortgage ................27
- Once a Mortgage Always a Mortgage ................27
Principles and Implications ................28
- Right of Redemption ... mortgage, except 1 [only] where a mortgagee,
or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole
from
the plaintiffs. Further, she has also admitted the execution of mortgage
agreement dated 29.09.2017, whereby as per clause '4', the mortgagee
(plaintiffs ... from the plaintiffs for
mortgage of the said property. Furthermore, clause '8' of the mortgage
agreement Ex.PW-1/C states that
simple mortgage; (2) mortgage by
conditional sale; (3) usufructuary mortgage; (4) english mortgage; (5)
equitable mortgage; and (6) anomalous mortgage.
11.9. As per Section ... mortgage money, to require the mortgagee to deliver the
mortgage deed and all documents relating to the mortgage property
and where the mortgagee
same as mortgage in exchange of money and in
pursuance thereof, on dated 30.12.2011, both the parties had
entered into a Mortgage Agreement, in accordance ... Rashtriya Sahara for
informing to the general public regarding the said mortgage
agreement executed between the plaintiff and defendant and
to not enter / deal with
when the mortgager fails to pay
mortgage money in accordance with the terms of Mortgage
Deed/ Loan Agreement. Ld Counsel placed reliance on
Ahilyabai ... authorise any mortgagee other than a mortgagee
by conditional sale or a mortgagee under an anomalous
mortgage by the terms of which he is entitled
JUDGMENT
Macklin, J.
1. This appeal arises out of an agreement for a mortgage. The plaintiff was one of the creditors of defendant ... defendant's debts, and the other was an agreement to mortgage the cinema houses within three months. On July 9, 1937, defendant
through any other person,
acquire or possess by transfer, exchange, lease,
mortgage, agreement or settlement any land which
together with the land, if any, already ... possession of any land by way of
transfer, exchange, lease, mortgage, agreement or
settlement shall be registered, unless a declaration
in writing duly verified
question is whether Exhibit A is an agreement to lease or an agreement to mortgage. If it is the latter, it does not require registration ... anomalous position that an agreement to lease should be compulsorily
registrable whereas an agreement to give a mortgage or to sell should be exempted from
mortgage may in English Law amount to an equitable mortgage which can be enforced according to its terms, but no such mortgage is recognised ... agreement to mortgage gives rise only to a personal obligation which does not constitute either a mortgage or charge. An agreement to mortgage
