respondents-1 and 2. Respondents-1 and 2 effected an equitable mortgage in respect of the suit property in favour of Vijaya Bank ... mortgage at all, merits to be rejected. In such cases, the mortgagees would be taking the risk in advancing loans by way of equitable mortgage
deposit with Shamloll Khettry, as a collateral security by way of equitable mortgage title deeds of my property.' Sir Richard Couch in giving judgment ... promissory note there would have been a complete equitable mortgage and that the endorsement was merely a recital of the fact of the deposit from
point I have to determine is, whether a valid equitable mortgage by deposit of title deeds has been made between the parties.
2. There ... places all mortgages under the compulsory exception, and then saves an equitable mortgage;
viz.,-if a mortgage is created by delivery to a creditor
agreement, do not create an equitable lien. Many of the States have repudiated the doctrine of an equitable mortgage by the delivery of title deeds ... mortgage, or for the purpose of preparing a legal mortgage, for an existing debt. (Fisher and Lightwood's Law of Mortgage
National Bank Ltd. in favour of Messrs. Speichim Paris, on an equitable mortgage by deposit of title deeds of its property.
3. The Godavari Sugar ... subject to a mortgage" applies only, if the mortgage property is sold subject to the mortgage, and not whenever mortgage property is sold
appellants which they had filed on the basis of an equitable mortgage alleged to have been created by the respondents on the 11th August ... deposit the title deeds with a view to create an equitable mortgage on the properties, the subject-matters of those title deeds, to make
herein for recovery of the suit amount on the basis of equitable mortgage.
2. The first respondent who is the plaintiff filed the suit originally ... recovery of the suit amount on the basis of equitable mortgage created by the 1st defendant by deposit of title deeds in his favour. Defendants
suit "brought by the plaintiff-appellant, for enforcement of an equitable mortgage) in which in addition to prayer incidental to a mortgage suit ... money by the defendant No. 2 in Court, thus creating an equitable mortgage in favour of the plaintiff. The defendants
Learned Counsel for the Respondent Bank submits that an Equitable Mortgage pertaining to the property of the Petitioner and the Guarantor was also created ... create a 'Mortgage' as the mortgage was already created by deposit of title deeds.
25.No wonder, an 'Equitable Mortgage' continues
Deed dated 22.02.1996 was a deposit of title deed creating an equitable mortgage in respect of the suit schedule property and this was executed ... Transfer of Property Act, a person may create an equitable mortgage by delivering the title deeds to a creditor or to his agent in respect
