then the deposit of title deeds with intent to create an equitable mortgage thereon was effected and that Exhibit A-14 was only a memorandum ... that he is not claiming any relief on them as no equitable mortgage as such could be created on such shares. Based on Exhibit
mortgage, then it is clear that by the law of England an agreement to give a legal mortgage would then and there create an equitable ... mortgage is created in equity by an agreement to give a legal mortgage. The right of the equitable mortgagee is to have his security perfected
further
deposit of title deeds with intend to create an equitable mortgage
as a measure of additional security.
3. The suit was resisted ... title deeds was never executed with an intend to create
equitable mortgage with regard to the above transaction and
further that there was no valid
mortgage by deposit
of title deeds.
XX X XX"
21. A mortgage by deposit of title deeds is called in English law an equitable ... contract of mortgage so that it creates the mortgage, it must he registered But, registration is not necessary if the mortgage is complete without
this suit, the plaintiff seeks to enforce an alleged equitable mortgage for a consideration of Rs. 6079 against a house in 2nd Bhoiwada Lane ... Jaykore and a sister Jethi, the present plaintiff.
2. The alleged equitable mortgage is said to have been made by Putlibai and Parvatibai
similar footing as a simple mortgage. The rights and liabilities of ,a mortgagor and a mortgagee under such an equitable mortgage are the same ... therefore, hold that in an equitable mortgage, the mortgagee has a right to sue for the mortgage-money within the meaning of Section
right under Order II, Rule 2, CPC , to redeem the equitable mortgage at a later date.
(r) In the light of the above averments ... Property Act in respect of the loan covered under the equitable mortgage deed dated 1.8.1995 except of recovery of the dues by regular suit
secured assets referred to as
‘B’ schedule properties and that equitable mortgage in respect of
the said properties have been created by incompetent persons ... contention of the petitioner bank with regard to creation
of equitable mortgage over the OA ‘B’ Schedule mentioned
properties by R4 company, in favour
above, provides for "mortgage by deposit of title deeds". This type of mortgage is also known as "Equitable Mortgage ... such transaction is
called a mortgage by deposit of title deeds.
Whereas iri England such a mortgage known
as equitable mortgage does not operate
situated in Kottayam on 11-5-1987 with intent to create equitable mortgage by way of security for the amounts due to the plaintiff from ... part of defendants 4, 5 and 6 to create any equitable mortgage. Since there was no creation of equitable mortgage, the suit was barred
