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mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose
Central Government Act
- Cites 0 - Cited by 253
Transfer Of Property Act, 1882 67. Right to foreclosure or sale.- In the absence of a contract to the contrary ... redeem the mortgaged property is called a suit for foreclosure. Nothing in this section shall be deemed
Central Government Act
- Cites 0 - Cited by 143
Law Commission Report Recommendations For Amending Various Enactments, Both Civil And ... GOVERNMENT OF INDIA LAW
Law Commission Report
- Cites 105 - Cited by 0 - Cached
appellant. The. appellant obtained a preliminary decree for foreclosure and also the final decree In the meantime, S. gifted ... declaration that the preliminary and final decree of foreclosure were not binding on him and prayed for a perpetual injunction
Supreme Court of India
- Cites 21 - Cited by 72 -
1974 AIR 968
mistakenly passing preliminary decree for sale in suit for foreclosure-Subsequently correcting mistake and passing final decree for foreclosure-Power ... date the mortgagee filed a suit for foreclosure which was decreed. The trial court passed a preliminary decree ordering that
Supreme Court of India
- Cites 11 - Cited by 68 -
1967 AIR 1440
MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure, sale and redemption – Subject to the provisions of this ... mortgage. Explanation:- A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party
Law Commission Report
- Cites 62 - Cited by 0 - Cached
respondents as also for a final decree for foreclosure in case of default of payment, etc. 690 Aggrieved ... final decree in a suit for foreclosure, as provided in sub-rule (2) of Rule 3 of Order XXXIV
Supreme Court of India
- Cites 8 - Cited by 33 -
1988 AIR 1200
mortgagor has against him as regards the redemption, foreclosure or bale of the mortgaged property. As the mortgagor is entitled ... likewise entitled to redeem the first. As regards foreclosure and sale, they are the rights of the mortgagee
Madras High Court
- Cites 23 - Cited by 28 -
(1911) 21 MLJ 213
Bench: Banerji JUDGMENT 1. This was a suit for foreclosure of a mortgage by way of conditional sale, dated ... possession of the mortgaged property under a foreclosure decree obtained subsequently to the date of the plaintiff's mortgage
Allahabad High Court
- Cites 5 - Cited by 24 -
17 Ind Cas 467
stated that the "mortgagee in his action for foreclosure or sale of the mortgaged estate is not allowed to debate ... estate, because the course of the Court in a foreclosure suit is only to take away the equity of redemption
Calcutta High Court
- Cites 14 - Cited by 24 -
(1906) ILR 33 Cal 425
- Mookerjee
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