partly in payment of the mortgage-money, the
transaction is called an usufructuary mortgage and the
mortgagee an usufructuary mortgagee.”
On a careful reading ... simple mortgage is
defined as the mortgage where property is mortgaged without delivering
possession of the mortgaged property to the mortgagee whereas usufructuary
mortgage
partly
in payment of the mortgage-money, the
transaction is called an usufructuary
mortgage and the mortgagee an
usufructuary mortgagee."
On a careful reading ... mortgagee to retain such possession of the same until
payment of the mortgage money but on the other hand
the mortgage is a simple mortgage
dated 10.04.1997 has held that the document in question is a simple mortgage deed chargeable for stamp duty under Article 40 , Schedule ... Registrar, and held, that document in question is a simple mortgage deed, chargeable with stamp duty at the rate of Rs. 62.50 per thousand. Aggrieved
executed Ext. 1 under the belief
that it was a simple mortgage deed. The land was very useful for
him. He required money for treatment ... sale deed relating to the suit land. It was thus
a simple mortgage in which the defendant obtained Rs.25,000/-
from the plaintiff after
Whether the Courts below are correct in concluding that the simple
mortgage under Ex.B.1 is discharged without any evidence?
9.The short point ... respect of the suit first schedule in view of the
simple mortgage deed dated 12.04.1978 and other documents dated 12.04.1978
and 01.04.1981?
10.The learned
payment of
the mortgagemoney, the transaction is called a
usufructuary mortgage and the mortgagee a usufructuary
mortgagee. (e) English mortgageWhere the mortgagor
binds ... transaction is called a mortgage by deposit
of titledeeds.
(g) Anomalous mortgageA mortgage which is not
a simple mortgage, a mortgage by conditional
payment of
the mortgage-money, the transaction is called a usufructuary mortgage and
the mortgagee a usufructuary mortgagee.
(e) English mortgage-Where the mortgagor binds ... transaction is called a mortgage by deposit of title-
deeds.
(g) Anomalous mortgage-A mortgage which is not a simple mortgage, a
mortgage by conditional
mortgage shall also apply to the creation of any charge. A simple
mortgage is defined under Section 58 (B) of the Transfer of Property ... property; and all the provision hereinbefore
contained which apply to a simple mortgage shall,
so far as may be, apply to such charge.
Nothing
payment of the
mortgage-money, the transaction is called a
usufructuary mortgage and the mortgagee a
usufructuary mortgagee.
(e) English mortgage-Where the mortgagor binds ... transaction is called a mortgage
by deposit of title-deeds.
(g) Anomalous mortgage-A mortgage which is not a
simple mortgage, a mortgage by conditional
mortgage" and to actually
"mortgage the immovable property".
33. Mr. P.V. Mandlik, learned Senior Counsel
submitted that any transaction of mortgage ... mortgage shall, so far as
may be, apply to a mortgage by deposit of
the deeds."
Thus, all the provisions which apply to simple
