Padmavati vs. P.S.Swaminathan
Iyer . It is submitted that English mortgage is in the nature of
conveyance or absolute transfer of mortgage property with ... court under Section
13 of the Act is akin to the English mortgage
and its effect on the scope of the bar of the
jurisdiction
payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee. (e) English mortgage.— Where the mortgagor binds ... deeds. (g) Anomalous mortgage.— A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage
Property Act, 1882
69. Power of sale when valid.—
(1) A mortgagee, or any person acting on his behalf, shall, subject to the provisions ... mortgage-money, without the intervention of the court, in the following cases and in no others, namely:— (a) where the mortgage is an English mortgage
suit was instituted, was still the mortgagee under the second mortgage.
15. None of the mortgagees ever entered into possession, but, the rent reserved ... enumeration of four classes of mortgage, viz. (1) simple mortgage, (2) mortgage by conditional sale, (3) usufructuary mortgage, (4) English mortgage. Two other classes, equitable
transfer it to the mortgage upon payment to the mortgage - money as agreed, the transaction is called an English mortgage."
49. The clause ... mortgage. Absolute transfer must there-fore comprehend the transfer of the right to possession also. In fact, a mortgage under English mortgage is entitled
Mortgage.--Where the mortgagor binds himself to repay the mortgage money on a certain date, and transfers the mortgaged property absolutely to the mortgagee ... mortgage. Absolute transfer must therefore comprehend the transfer of the right to possession also. In fact, a mortgagee under English mortgage is entitled to immediate
English mortgage, the mortgagor binds himself to repay the mortgage money on a certain date, and transfers the property absolutely to the mortgagee, subject, however ... amount to a mortgage, observed that a charge differs from a mortgage in the sense that in a mortgage there is transfer of interest
mortgage-money, without the intervention of
the Court, in the following cases and in no
others, namely -
(a) where the mortgage is an English
mortgage ... English
mortgage is quoted below :
"58. 'Mortgage', 'mortgagor', 'mortgagee',
'mortgage-money' and 'mortgage-deed
gone into the questions as to whether the mortgage was an English mortgage or a simple mortgage and as to whether Section
English mortgage, the appointment of Mr. Mukerji by the mortgagee as receiver is invalid. (ii) Even if the mortgage is an English mortgage, the Court ... possession under a contract embodied in the mortgage, the mortgage cannot be considered to be an English mortgage even if all the three elements
