Back
DEVAN M. DESAI
Maganlal Jesangbhai Thr. Heirs & Legal Repr. – Appellant
Versus
Fakirbhai M. Solanki Since Deceased Thr. Legal Heirs – Respondent
JUDGMENT (ORAL)
The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”) by appellants-original defendants, challenging the judgment and decree dated 28.02.1996 passed by the City Civil Court, Court No.20, Ahmedabad in Civil Suit No. 1102 of 1984.
2. Heard learned advocate, Mr. Vishal Mehta for the appellants and learned advocate, Mr. Darshit Thakkar for learned advocate, Mr. Ashish Shah for the respondent. For the sake of convenience, parties are referred to as per their original status in the suit. Appellants are original defendants. Respondents are original plaintiffs.
3. The brief facts of the case are as under:
3.1 The plaintiff had filed a suit for recovery of possession of the suit property bearing tenement No. 2 situated in Panghat Co-operative Housing Society Limited, Shahibaug, Ahmedabad. The parties are cousin brothers. Plaintiff was in need of money as he had incurred debts of the society, borrowed an amount of Rs.6,400/- from the defendant. An unregistered writing in the nature of mortgage was executed between plaintiff and defendant on 05.07.1970, with a condition that from 01.07.1970, within a per
Redemption of mortgage – Unregistered mortgage deed – Undertaking to create a charge, in absence of a registered mortgage deed does not vest any legal interest in immovable properties.
The main legal point established in the judgment is that a mortgage deed must fulfill the requisite conditions as provided in the law, and its registration is necessary for validity and admissibility....
Mortgage rights cannot be extinguished by an unregistered document; valid legal processes are required to affect mortgage rights.
Redemption of mortgage – Mortgagor has right to redeem at any time provided his right is so extinguished by act of parties.
The court reaffirmed that redemption rights hinge on compliance with mortgage conditions; failure to meet obligations nullifies claims to recover property.
A sale deed must explicitly state conditions for re-transfer to qualify as a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act.
The main legal point established is that the nature of a sale deed, the right to repurchase, and the applicable limitation for the suit are crucial factors in determining the outcome of property disp....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
