terms that the
provisions applying to simple mortgages shall apply to
charges. A charge-holder like a simple mortgagee has a
right to bring ... mortgage-
money, the transaction is called a simple mortgage and the
mortgagee a simple mortgages".
A charge on the other hand under
mortgage debt. Similarly the second mortgagee in suing on his mortgage might have impleaded the first mortgagee either offering to redeem the mortgage, or asking ... while to do so. A simple mortgagee, whether he be the first mortgagee or the puisne mortgagee, could not take advantage of his own omission
even though a mortgagee under the English form of mortgage obtains the legal ownership of the mortgaged property unlike an Indian mortgagee.
11. If some ... forms of mortgage the mortgagee was entitled to the possession of the mortgaged property. In pignus the possession was given to the mortgagee
difference therefore between a simple mortgagee under Indian Law and a legal mortgagee under English Law exists between a simple mortgagee and an equitable mortgagee ... equitable mortgagee in India, to recover money due on the equitable mortgage, to appoint a Receiver over the mortgage property. An equitable mortgagee in India
proper time and place, of the mortgage money, to require the mortgagee to deliver the mortgage deed and to deliver possession of the mortgaged property ... mortgage on property other than that comprised in the mortgage a mortgagee may ask that the money due to him upon the same property
mortgage decree?" In this case there had been a simple mortgage-deed executed on 30th October 1922; the suit for sale was fixed ... mortgagee and not to the mortgagor. If the income also is to belong to the mortgagee, then all distinction between a simple mortgage
appellant in this civil appeal. One Munimalaiyan (plaintiff)
executed a simple mortgage in favour of the appellant ... simple Tamil language. The recitals are clear and unambiguous. It
is seen from the document that Munimalaiyan was unable to discharge the simple
mortgage. Panchayatdars
amount to a mortgage, or amounted only to a simple mortgage or amounted only to a charge on the property (which would mean something inferior ... long as the subsequent bonds do not constitute a mortgage (preferably usufructuary mortgage, but a simple mortgage or at least a charge, in any case
battening at the expense of the mortgagee.
The mortgagee is entitled to interest on the mortgage amount throughout the proceeding in the suit ... suit on a simple mortgage die not really enlarge the scope of the mortgage, that the mortgagee had no charge over the rents and profits
simple mortgage. It is impossible to hold in this case that the transaction was not that of a usufructuary mortgage. No doubt the mortgage deed ... mortgage does snot cease to be a mortgage because possession is delivered to the mortgagee, and that the essence of a mortgage, simple or usufructuary
