impleaded as a party on the ground that he is the second mortgagee in respect of the original door No. 19, which included the present ... second mortgage in favour of the 3rd defendant also on payment of two-third of the mortgage money due under the mortgage in favour
respect of the second mortgage is forthcoming, nor any release in respect of the charge. The mortgagee under the original mortgage in purported exercise ... that the second mortgagee and the chargee are estopped from challenging the mortgage and sale, inasmuch as the second mortgage and charge were subject
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
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
fresh mortgage, she had
executed a fresh mortgage deed No.5025/2011 on 04.07.2011 along with
her minor son, the second defendant ... that the second mortgage is the
substitution of the first mortgage is not correct and hence, prayed for
allowing the second appeal by decreeing
sixth were again in favour of the respondents.
3. The second mortgage included two decrees obtained by the mortgagor against third parties, namely ... transactions were duly registered. The decrees subject to the second mortgage in favour of the respondents were realised by the mortgagor and the respondents
High Court that the transaction was really a mortgage. Without the second document, it would have been a sale, and the real transaction was recorded ... when it is found that the transaction really intended was a mortgage, the second document, viz., the unregistered agreement, is intended by the parties
fourth mortgagees were postponed tot he rights of the petitioners under the said Indenture of contributory first legal mortgage. Secondly, it is contended ... fourth mortgagees under the Indenture of fourth mortgage dated 8-12-1961, to the security created under present Indenture of contributory first legal mortgage. There
treat the money due to him on the second mortgage as if it was included in the first mortgage and in the aforesaid decree ... undoubted right to bring a suit on the footing of the second mortgage; and the circumstance that he made an infructuous application to obtain
contended that the first mortgagee was not bound to make the second mortgagee a party to the suit in which the order for sale ... mortgage, and if the decision under consideration-is right, the sale passes not only the rights of the mortgagee, but the rights of the second
