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
mortgage. Thus the mortgagee did not get all the legal rights of the mortgagor in the property even though the mortgage was an " English ... specify what rights are vested in the mortgagee holding under a mortgage in the "English" form. All that they decide is that
mortgage by conditional sale with a condition for reconveyance or an English Mortgage. If the deed dt. 6-6-68, Ext. 1, was actually ... English mortgage, there could not be a suit for foreclosure of the right of redemption, in view of the provision in Section
mortgagee regularly on the day and in the manner hereinbefore applied for the payment thereof, then the mortgagee shall not recall the mortgage money until ... mortgage must be taken into consideration for the purpose of arriving at the decision that the mortgage was an English mortgage as contemplated by Section
based upon the mortgagee's possession. The report, however, states that the mortgage was in the English form, though in the judgment itself ... also to be observed that the mortgage in that case was not a mortgage in the English form, a material distinction which must be borne
mortgage for payment by the mortgagee of the rent reserved by the lease. In the case before us the mortgagor covenanted with the mortgagees ... English mortgage. It is very difficult to see what estate, if at all, passes to such mortgagees. If the English law is to be applied
mortgage which is really a transfer of the legal interest in the property subject to a right of redemption only. Such mortgage as English mortgage ... terms of the deed would indicate and this conception of English mortgage must be deemed to govern the provisions of Section 64 of our Trust
argued, however, that even assuming id to be an English mortgage, or mortgage in English form the plaintiff's claim to possession ... material difference between a mortgage in English form as it obtains in England, and an English mortgage as defined in Section
English mortgage in favour of the company.
2. Under this mortgage the mortgagor remained in possession, as is usual under an English mortgage ... mortgagee and the mortgagor was not entitled to the standing crops which he had grown, and might be ejected by the mortgagee under an English
this Court. The deed was in the form of an English mortgage to secure a sum of Rs. 1,00,000. Ratan Chand was only ... plaint it is pleaded that the plaintiffs father created an English Mortgage in favour of the defendants
"of several plants and heavy machinery permanently
