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leased property.
The High Court held that as the mortgage was an
anomalous mortgage, the rights of the mortgagee have ... mortgage and it was
subject to the stipulation in the mortgage deed that the
mortgagee should deliver possession whenever
Supreme Court of India
simple mortgagee is not entitled to possession of the mortgage
property as a mortgagee. But where a mortgagee seeks ... mortgagee under
Indian Law and a legal mortgagee under English Law exists between a
simple mortgagee and an equitable mortgagee
Madras High Court
property. The amount was not paid to the
mortgagee and the mortgagee remained in possession but he never filed ... other suits for possession of
immovable property, where property was transferred by a mortgagee in
possession to a transferee
Allahabad High Court
mortgagee with possession and as tenants they remained in actual
possession of a portion of the mortgaged property, The rent ... mortgaged property
which will ensure beyond the termination of his interest as
mortgagee. Further, the mortgagee, who takes possession
Gujarat High Court
recovery of possession of the suit property from the possession Of the
mortgagee contending that the mortgage debt had become ... doctrine of
subrogation and to retain possession of the property as mortgagees
until they were properly redeemed by the other
Kerala High Court
suit brought by mortgagee in
possession to recover mortgage dues by sale of mortgage property and
such a decree ... mortgage money and
also undertake a personal liability, the mortgage is a simple mortgage.
But in simple mortgage possession remains
Gujarat High Court
mortgaged property
which will ensure beyond the termination of his interest as
mortgage. Further, the mortgagee, who takes possession ... mortgagor to require the
mortgagee in possession to deliver possession of the mortgaged property
to the mortgagor, on payment
Delhi High Court
plaintiff's father was occupying the
suit property as mortgagee in possession. It appears that at the
relevant time ... said property is in my possession. Prior thereto it was in
possession of Khatijabu by way of her mortgagee rights
Gujarat High Court
mortgagee and therefore the mortgage
can no longer continue after the mortgage money is paid, The
definition of usufructory mortgage ... mortgagee the mortgage comes to an
end and the right of the mortgagee to remain in possession
also comes
Supreme Court of India
judgment-debtors to hand over the
possession of the mortgage property within three months on
the decree-holder making payment ... terms of the mortgage,
the mere fact that the mortgage deed authorises the
mortgagee with possession to induct a tenant
Supreme Court of India
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