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Anandakumara MB (Lawyer)     02 December 2010

Judgement on usufructuary is null and void

Judgement realting to the registered mortgage executed is null and void. THe mortgagor retain the possession from the date of mortgage.



 3 Replies

N.K.Assumi (Advocate)     02 December 2010

I would apreciate if you make your question more clear.

Solicitor Chirag Shah (Advocate & Solicitor)     02 December 2010

Yes Pls give more facts so Query can be solved properly.

Anandakumara MB (Lawyer)     02 December 2010

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 redumption for the interest of the money.

But the possession was retained by the mortgagor till today. The mortgagor file the suit for declaration by making the false statement that lawfull possession and enjoyment with mortgagee.

The mortgage was 60yrs ago and no notice was issued to mortgagor to redeem the mortgage,

regarsding the same " to make mortgage is null and void" related judgement is required.


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