Court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender ... section 83 shall be deemed to deprive the mortgagee of his right to interest when there exists a contract that he shall be entitled
1969
BENCH:
ACT:
Mortgage--Tenancy created by mortgagee in possession does
not Survive the termination of mortgage interest--Landlord
and tenant-- East Punjab Urban Rent ... this: Did the tenancy
created by the mortgagee in possession survive the
termination of the mortgagee interest so as to be binding on
the purchaser
whether the tenancy created by the mortgagee in possession survived the termination of the mortgagee interest so as to be binding on the purchaser. Then ... which would ensure beyond the terms of the mortgage.
(5) Once the mortgagee's interest terminates, the relationship of landlord and tenant comes
mortgage debt" means any liability in respect of a property due under any form of mortgage (including any usufructuary mortgage or mortgage by conditional sale ... prior mortgage deed, the consideration for which the renewed mortgage deed was executed; (iii) in the case of a mortgage deed which has been executed
suit upon the mortgage. The property comprised in a sub-mortgagee's mortgage being the mortgagee rights of his mortgagor, only those persons ... said: "There may be a mortgage of a mortgage. One may mortgage an interest in real estate which he himself holds in mortgage
passed to Kandaswami was only the mortgage right under that document; that it was only that mortgage interest that passed to Balaguru Naidu under ... usufructuary mortgage in 1861; in 1899 the usufructuary mortgagee executed a mortgage as if he were the owner. This mortgagee filed a suit to enforce
same, however, the
mortgage amount was paid upon execution of the first mortgage deed alone and the
second mortgage deed is without any consideration. Therefore ... first mortgage
deed as well as the second mortgage deed, the first plaintiff agreed to repay the
mortgage money with interest within a period
interest awarded is a simple interest and not compound interest. It provides for calculation of simple interest from the date of the mortgage till ... mortgage deed, or interest on the amount of interest due. The decree only refers to the interest on mortgage mentioned in the plaint.
19. According
payment of the mortgage-money, the transaction is called an
usufructuary mortgage and the mortgagee an usufructuary
mortgagee. (See S. 58 of the Transfer ... period exceeding beyond the period of mortgage
unless the mortgage contract authorities the mortgagee to
create a lease which may ensure after redemption, the
principle
payment of the mortgage-money, the transaction is called an
usufructuary mortgage and the mortgagee an usufructuary
mortgagee. (See S. 58 of the Transfer ... period exceeding beyond the period of mortgage
unless the mortgage contract authorities the mortgagee to
create a lease which may ensure after redemption, the
principle
