declaration that the defendant No.1 has created an equitable mortgage by
deposit of title deed with the defendant No.2 in respect ... mortgage when the mortgagee has merely obtained
a money decree on his mortgage under which he cannot bring the mortgage
property to sell by virtue
mortgage' and 'equitable mortgage' and whether in the case in hand a mortgage or equitable mortgage, as the case ... legislature has not recognized any distinction between equitable mortgage or legal mortgage. Though the term equitable mortgage has invariably been used commonly in Courts
declaration that the defendant No.1 has created an equitable mortgage by
deposit of title deed with the defendant No.2 in respect ... mortgage when the mortgagee has merely obtained
a money decree on his mortgage under which he cannot bring the mortgage
property to sell by virtue
deed stated to be
executed by the defendant by way of equitable mortgage by way of
memorandum of deposit of title deeds in favour ... equitable mortgage. The plaintiff has to
reconvey the mortgage property to the
defendant by redeeming it from mortgage or
free from Mortgage at the cost
recovery of money due on promissory note and also creation of equitable mortgage. At the time of filing suit, even though the revision petitioner ... mentioned all the pleadings in respect of creation of equitable mortgage in the body of the plaint, but in the prayer column of the plaint
pleadings as amended to show that story
of Bank of equitable mortgage is unsustainable as document relied upon by the
Bank does not show that ... equitable mortgage as such, was executed by the
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petitioner in favour
said M/s.Ind Solders & Alloys Pvt. Ltd. created an equitable mortgage of three properties belonging to the said company viz., (i) plot ... favour of the petitioning creditor. Further, T.R.Viswanathan had created equitable mortgage of one immovable property being land measuring acre 1.09 cents
such circumstances, the fifth
respondent requested the petitioner to execute an equitable mortgage deed in
favour of Central Bank of India, the second respondent herein ... Accordingly,
an equitable mortgage deed was executed in respect of the property located at
Survey No.148/1 in Om Santhi Nagar, at Plot
stood as guarantors. But, it is stated that no equitable mortgage in respect of the above mentioned properties was ever created. They did not sign ... paper creating such equitable mortgage at Kumbakonam. The letter Ex.A.5 which is stated to be a letter showing the creation of the equitable
stood as guarantors. But, it is stated that no equitable mortgage in respect of the above mentioned properties was ever created. They did not sign ... paper creating such equitable mortgage at Kumbakonam. The letter Ex.A.5 which is stated to be a letter showing the creation of the equitable
