right of the mortgagee is released, the property ceases to be the subject of the mortgage and the acquisition by the mortgagee would therefore ... there was a purchase by a second mortgagee of a portion-of the mortgaged property held in distinct ownership by more than one mortgagor
prior mortgagee (first mortgagee) can redeem the prior mortgage (first
mortgage). Hence, it is clear that the present plaintiff, being the puisne
mortgagee seeking ... mortgage property, which the mortgagor
had at the time of mortgage, even though, the first mortgage created by the
second Respondent/first Defendant with
present case the only third parties affected are the second mortgagees who claim to redeem and this objection is not raised on their behalf ... rights of second mortgagees are defined in Section 81 , Transfer of Property Act, which provides:
If the owner of the two properties mortgages them both
their Lordships of the Judicial Committee allowed the second mortgagees to recover money paid by them to satisfy the decree obtained ... prior mortgagee. In that case the prior mortgagee brought a suit for foreclosure of a mortgage by conditional sale in which the second mortgagee
Official Assignee of Bombay to set aside a deed of second mortgage dated July 31, 1930, executed by the insolvent a month prior ... property for sale. On the same day the insolvent executed a second mortgage of the property in favour of the respondents to secure to them
mortgagee, and (2) that he has a right to recover possession, (3) that the subsequent mortgagee cannot compel him to redeem his own mortgage ... mortgagee he was entitled to possession, and if he was not entitled to possession as a mortgagee, then if his suit upon the mortgage
priority.
4. If the 2nd mortgagee sues first without making the 1st mortgagee a party, the 1st mortgagee may in execution of the 1st decree ... incumbrances.
5. If the 2nd mortgagee sues first without making the 1st mortgagee a party, the 1st mortgagee can, while the 1st suit is pending
mortgagee, and (2) that he has n right to recover possession, (3) that the subsequent mortgagee cannot compel him to redeem his own mortgage ... mortgagee he was entitled to possession, and if he was not entitled to possession as a mortgagee, then if his suit upon the mortgage
interest is calculated at 9% p.a.
3. As regards the second mortgage deed dated 13.03.2020, learned
senior counsel for the applicants stated that ... second
applicant. Given the fact that all these payments were made through bank
channels, prima facie, it appears that the second mortgage deed was
supported
interest is calculated at 9% p.a.
3. As regards the second mortgage deed dated 13.03.2020, learned
senior counsel for the applicants stated that ... second
applicant. Given the fact that all these payments were made through bank
channels, prima facie, it appears that the second mortgage deed was
supported
