borrowed a sum of Rs.10,000/- and had executed a simple mortgage in
favour of the plaintiff. This amount was also advanced to defendants ... suit
O.S.No.615 of 1997 for redemption of the simple mortgage dated
07.08.1995. In the said suit the defendants
defendant and on the same day the
defendant executed registered simple mortgage deed in
respect of the suit schedule property in favour of the
plaintiff ... conditions of the mortgage deed and the time prescribed in
the simple mortgage deed is also lapsed. The plaintiff issued
legal notice
payment of the mortgagemoney, the
transaction is called a usufructuary mortgage and the
mortgagee a usufructuary mortgagee.
(e) English mortgageWhere the mortgagor binds ... which is not a
simple mortgage, a mortgage by conditional sale, a
usufructuary mortgage, an English mortgage or a
mortgage by deposit of titledeeds
M.Sankar Nadar vs Deva Krishnan on 20 January, 2017
Author: M.Duraiswamy
Bench: M
rate of 24% p.a. on the basis of an
unregistered simple mortgage and in default of payment they have
prayed to pass final decree ... Mortgage when to be by assurance:- Where
the principal money secured is one hundred rupees or upwards,
a mortgage [other than a mortgage by deposit
payment of the mortgage-money,
the transaction is called an usufructuary
mortgage and the mortgagee an
usufructuary mortgagee.
(e) English mortgage.--Where the
mortgagor binds ... which is not a simple mortgage, a
mortgage by conditional sale, an
usufructuary mortgage, an English
mortgage or a mortgage by deposit of title-
deeds
presence of the witnesses and
executed the simple mortgage deed dated 02.11.2011 and
agreed to pay the interest at the rate of 2% per month ... written statement admitting the loan transaction and also
execution of simple mortgage deed and denied the other
averments made in the plaint and sought
Principal Borrower of the Defendant
Bank Accordingly, the Simple Mortgage Deed
came to be executed between the said
Smt.Venkatalakshmamma and the Defendant
Bank ... Doctor Brine Chemicals (P)
Ltd. Apart from executing the simple mortgage
deed dtd.19.07.2000, said Venkatalakshmamma
created Equity Mortgage by way of deposit
interest, and (b) "transfer" does not include simple or usufructuary mortgage or mortgage by deposit of title deeds. 6. [ Omitted] [Omitted by the West Bengal ... share thereof other than (a) a simple mortgage, or (b) a usufructuary mortgage for a period not exceeding fifteen years, or (c) [ a mortgage
simple mortgage;
(ii) notwithstanding anything contained in the mortgage deed or any other agreement, the amount declared due on a simple mortgage substituted under ... Mortgage", "mortgagor", "mortgagee", "mortgage-money' and "mortgage-deed" defined.--(a) A mortgage is the transfer
