Committee in simple money decree in Vibhuda Priya v. Lakshmindra, AIR 1927 PC 131: 54 Ind App 228, why should the simple mortgagee ... inapplicable to mortgage suits and a receiver can be appointed even if the mortgage is a simple mortgage. Even the Patna High Court in Rudreshwari
plaint the words usufructuary by deletion of
simple
before registered mortgage and also to incorporate that on the date of execution
of
sale deeds
that the defendant borrowed Rs. 22,500/- by executing an unregistered simple mortgage deed in his favour mortgaging the land of an extent ... Kumari , wherein a single Judge of this Court held that unregistered simple mortgage deed not disclosing any covenant undertaking to discharge liability personally by mortgagor
Judge held that the charge was in the nature of a simple mortgage and no succession certificate was necessary, for proceeding against the property ... holding that the charge is in the nature of a simple mortgage and no succession certificate is necessary.
3. The question for my consideration
that the defendant borrowed Rs. 22,500/- by executing an unregistered simple mortgage deed in his favour mortgaging the land of an extent ... Kumari , , wherein a Single Judge of this Court held that unregistered simple mortgage deed, not disclosing any covenant undertaking to discharge liability personally by mortgagor
upon the mortgagee. In the
absence of any written document, which can spell out the purpose of deposit of
the mortgage, the mortgagee must ... claims existence of mortgage; in his favour. To
enable the Court to presume existence of a mortgage in his favour, the mortgagee
must establish
upon the mortgagee. In the
absence of any written document, which can spell out the purpose of deposit of
the mortgage, the mortgagee must ... claims existence of mortgage; in his favour. To
enable the Court to presume existence of a mortgage in his favour, the mortgagee
must establish
part of the amount remaining due on the mortgage unless of course the mortgagee or the mortgagees have acquired wholly or in part ... pass ass co-mortgagees. The position then is clear that the integrity of the mortgage security remains inviolate. The indivisibility of mortgage security continues
acceptance of the property and creation of charge by way of simple mortgage is totally illegal and void. The letter dated ... company to deposit the same as title deed and create simple mortgage in respect of the lands belonging to the APIIC. The statement
enquiry, are shortly these. Applicant No. 1 executed a deed of simple mortgage for Rs. 1,00,000 (one lakh) on 6th June ... years. In this situation, it is difficult to premise that the simple mortgage dated 6th June 1958 and the agreement dated 8th June 1958 together
