three consecutive years or more except when such land is under usufructuary mortgage mentioned in section 7; (c) he has without any reasonable cause failed ... successors-in-interest, and (b) "transfer" does not include simple or usufructuary mortgage or mortgage by deposit of title deeds. 6. [ Omitted] [Omitted
payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee. (c) Mortgage by conditional sale.— Where ... mortgage by deposit of title-deeds. (g) Anomalous mortgage.— A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage
deemed— (a) to authorise any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which ... entitled to foreclose, to institute a suit for foreclosure, or an usufructuary mortgagee as such or a mortgagee by conditional sale as such to institute
owner; (ii) as a limited owner; (iii) as an usufructuary mortgagee; (iv) as a tenant; (v) who is in possession by virtue of a mortgage ... section (1) from an usufructuary mortgagee shall be liable to pay the mortgage money due to usufructuary mortgagee in respect of the land with interest
Mortgage", "mortgagor", "mortgagee", "mortgage-money" and "mortgaged" defined, (a) A mortgage is the transfer ... deemed-
(a) to authorise any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which
Property Act, 1882
62. Right of usufructuary mortgagor to recover possession.—
In the case of a usufructuary mortgage, the mortgagor has a right to recover
payment of the mortgage-money, the
transaction is called a simple mortgage and the mortgagee a simple
mortgagee.
(c) Mortgage by conditional sale-Where ... mortgage by deposit of title-
deeds.
(g) Anomalous mortgage-A mortgage which is not a simple mortgage, a
mortgage by conditional sale, a usufructuary mortgage
extension of
the terms of the original usufructuary mortgage.
(ii) The evidence in the present case shows that Kunhi Pakki
accepted benefit under ... appeal
arises from a suit for redemption of a usufructuary mortgage
dated April 26, 1862 and for delivery of possession of
properties described in schedules
General Clauses Act (X of 1897), S. 2(22).
HEADNOTE:
An usufructuary mortgage in favour of the appellant's
predecessor-in-interest was sought ... never seen
the mortgagee under Ex. 1, nor bad he asked him anything in
connection with the mortgage, and that the mortgagee had
obtained
granted and transferred the property comprised in the mortgage to the mortgagee by way of usufructuary mortgage from July 1, 1937, "to the intent ... being a usufructuary mortgagee, he has gone into possession and received the rent. So also the assessee, being a mortgagee, usufructuary or other, has gone
