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Section 58 in The Transfer Of Property Act, 1882
58. " Mortgage"," mortgagor"," mortgagee"," mortgage- money" and" mortgage- deed" defined ... binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorizes him to retain such possession until
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wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security ... mortgagor;
(d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same
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been made for the redemption of the mortgaged property, or the mortgage- money has been paid or deposited as hereinafter ... only to a corresponding part of the mortgaged property, unless the mortgagees have, with the consent of the mortgagor, severed
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Property Act, 1882
82. Contribution to mortgage- debt.- 2[ Where property subject to a mortgage belongs to two or more ... applies to a property liable under section 81 to the claim of the 3[ subsequent] mortgagee. Deposit in Court
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properties of the
defendants Nos. I and 2. The mortgage property consisted of
two delis having residential houses, shops ... holder instituted a
regular suit for redemption of the mortgage property. The
suit was dismissed. Thereupon the respondent
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mere interest in or over the property like mortgage, lease
etc.[234 F-H; 236 B-E]
Under English ... property'. If the
transfer of an interest in property to. a mortgagee, whether
simple or Usufructuary, is a transfer
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redeem the first mortgagee. The first
mortgagee before selling the property ought to afford an opportunity to
the second mortgagee ... given and not utilised can the first mortgagee sell the
property free of both the mortgages for the realisation
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return the title
deeds and deliver possession of the mortgage property to the
mortgagors. Notwithstanding the mortgage purporting ... file a suit and bring the mortgage property
for sale and also to proceed against the person and other
items
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evacuee and his interest in the said
property as the mortgagee as evacuee, property. The
appellant alleged that sometime ... declared
an evacuee and his rights as such mortgagee in the property
in question as evacuee property. Under the Transfer
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appointed at the instance of
the first mortgagee holds the property for his benefit alone and is
bound to make ... income of the mortgaged properties. Eventually the Maharajah obtained a
mortgagee decree in his favour and brought to sale several
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