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mortgage

(Querist) 06 December 2010 This query is : Resolved 
The registered mortgage was executed in 1945 for 100 Rs with condition that
1. 50 towards clear the previous mortgage and remainder Rs 50 for the mortgage, Period is 3 yrs.
2. The mortgagee can continue to enjoy the property till the redemption for the interest of the money.
But the possession was retained by the mortgagor till today. The mortgagee files the suit for declaration by making the false statement that lawful possession and enjoyment with mortgagee. The mortgagor proved the physical possession with revenue records.

The mortgage was 60yrs ago and no notice was issued to mortgagor to redeem the mortgage,
Regarding the same to make “mortgage is null and void" related judgments are required.

Please help
s.subramanian (Expert) 06 December 2010
The mortgage itself has become time barred. Moreover the facts reveal that the mortgage is not usufructuory mortgage. You have a good case. Good Luck.
Anandakumara MB (Querist) 06 December 2010
I need judgements related above matter
N.K.Assumi (Expert) 06 December 2010
Refer to Section 60 of the TPA for Rights and Liabilities of the Mortgagor. you may refer to the Classic case of Supreme Court as reported in Manick Chand vs Saleh Mohammad AIR 1969 SC 751.


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