Section 2 (w.e.f. 3.9.1948).] (xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage
Transfer of Property Act, 1977
JAMMU & KASHMIR
India
Transfer of Property Act, 1977
Rule
Transfer Of Property Act, 1882
58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.—
(a) A mortgage is the transfer of an interest ... Anomalous mortgage.— A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage
intervention of the court is expressly conferred on the mortgagee by the mortgage-deed and the mortgagee is the Government; (c) where a power ... intervention of the court is expressly conferred on the mortgagee by the mortgage-deed and the mortgaged property or any part thereof
time and place, of the mortgage-money, to require the mortgagee (a) to deliver to the mortgagor the mortgage-deed and all documents relating
suit on his
mortgage, Nothing further was heard of this mortgage. In
the circunistances it may be assumed that the mortgage, deed
was only ... details in regard to this mortgage. On
May 26, 1908, Ganeshprasad, Jankiprasad, Ratanlal and
Ramchand executed a mortgage deed, Ex. P-76, in favour
mortgage. Interest
payable by the mortgagor was to be set off towards the
profits arising from use of property by the mortgagee. The
mortgage deed ... proof
of the certified copy of the deed of mortgage. So far as
the mortgage deed is concerned, the plaintiff filed a
certified copy
depository, means the price or consideration mentioned in such instrument;] (17) Mortgage-deed.mortgage-deed includes every instrument whereby, for the purpose of securing money
part thereof. (2) Any person who has been named in the mortgage-deed and is willing and able to act as receiver may be appointed ... solely responsible for the receiver’s act or defaults, unless the mortgage-deed otherwise provides or unless such acts or defaults
have power to make leases thereof which shall be binding on the mortgagee. (2) (a) Every such lease shall be such as would be made ... contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed