AI Overview...
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Wether Relief of Possession Necessary to Ask for in Decree of Foreclosure - It is essential for plaintiffs to obtain possession of the property to complete foreclosure, as properties cannot be properly valued or effectively foreclosed until possession is secured. Taking all necessary steps promptly to gain possession is crucial. Bank of Hindustan, China and Japan VS Nundololl Sen - Calcutta
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Relief of Possession in Foreclosure and Redemption Cases - In foreclosure or redemption suits, the question of whether possession relief is necessary depends on the case specifics. Courts have held that possession is often a necessary relief, especially when seeking to establish title or enforce rights, but the necessity varies based on jurisdiction and case facts. S. Rosely VS Lazar Nadar - Madras, Aneshwar Prasad VS Misri Lall - Patna
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Necessity of Wether Relief of Possession is Asked in Decree - Courts generally require that possession be clarified or obtained before finalizing foreclosure decrees. A mortgagor can request a final decree only after establishing possession or the right to possession, emphasizing its importance in foreclosure proceedings. KRISHNAJI MORESHWAR JOSHI VS BHAKATRAM SADASHIV PATIL - Karnataka
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Possession as a Prerequisite for Final Decree - In cases involving foreclosure or redemption, courts have emphasized that possession is a prerequisite for the final decree. Without possession, the court may delay or deny the final decree, underscoring its necessity in legal proceedings related to mortgage enforcement. Purna Chandra Tewari VS Gobinda Mishra - Patna
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Impact of Sale and Partial Redemption on Possession Relief - When properties are sold in execution of a decree, or partial redemption occurs, the courts have held that possession relief may be limited or specific to the redeemed portion. The right to possession and the scope of relief depend on the nature of the sale and redemption process. Purna Chandra Tewari VS Gobinda Mishra - Patna, Govindram Bros. Ltd VS Official Assignee, Bombay - Bombay
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Summary and Conclusion - Overall, the sources indicate that obtaining or clarifying relief of possession is generally a necessary element in foreclosure and redemption proceedings. Courts emphasize that possession must often be secured or declared before finalizing decrees to ensure enforceability and proper valuation of properties. The necessity varies depending on case specifics, but possession remains a central aspect in foreclosure law.
Search Results for "Wether Relief of Possession Necessary to Ask for in Decree of Foreclosure"
1873 0 Supreme(Cal) 34 • India - Calcutta
their foreclosure by getting possession of the properties. ... their foreclosure by getting possession of the properties. ... steps to complete their foreclosure by getting possession of the properties. ... It is impossible to value properties which have been foreclosed until the plaintiffs get possession of them, and therefore I look upon it as essential that the plaintiffs should take all necessary steps without delay to complete their fo....
1987 0 Supreme(Mad) 309 • India - Madras
SRINIVASAN
Mortgage - Suit for redemption -Sub- mortgagee in possession of the mortgage property of entitled to plead adverse possession against ... But the non-joinder of the necessary party does not render the decree in the suit a nullity though it might, in some cases, make the decree ineffectual. ... On the other hand, he may join the original mortgagor and ask for a decree for the sale of the mortgaged property in default of payment. In this case the relief#HL_EN....
1960 0 Supreme(Pat) 126 • India - Patna
RAJ KISHORE PRASAD
REDEMPTION SUIT - JOINDER OF PARTIES - TRESPASSERS IN POSSESSION OF MORTGAGED PROPERTIES - NECESSARY PARTIES - ORDER 34, RULE ... On appeal, the court of appeal below held that defendants 6 to 10 were not necessary parties to the suit, and as such, no decree ... Whether the defendants 7(a) to 7(c) and 9 to 9(b) were necessary parties to the suit for redemption? 2. ... ... In that case, however, it was conceded by the plaintiff that defendant 3 was not a necessary par....
1945 0 Supreme(Mad) 186 • India - Madras
SOMAYYA
The Court also rejected the argument that an application by the mortgagor was necessary within three years from the date fixed for ... The Court held that the plaintiff had the right to pay the amounts due under Rule 7(1) of Order 34 at any time before a final decree ... The argument overlooks the fact that in cases where a final decree for foreclosure or sale is possible, the defendant-mortgagee may put an and to the mortgagors power of applying at any time beyond three years by making the necessary a....
2025 Supreme(Online)(Ker) 48495 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Section 34 of the Specific Relief Act may not arise in the present case because, the plaintiff has sought for declaration of title and possession and the agreement itself speaks about putting the original plaintiff in the possession of the plaint schedule property. ... The brief facts necessary for the disposal of the Appeals are as follows: 2. ... Specific Relief Act, 1963 assumes significance. Section 34 of the Specific Relief Act reads as under: “34. ... for any further #HL_START....
1959 0 Supreme(AP) 208 • India - Andhra Pradesh
ANANTA NARAYANA AYYAR, P.CHANDRA REDDY
23-A of the Madras Agriculturists Relief Act, 1938. ... to set aside a sale under Section 23-A of the Madras Agriculturists Relief Act, 1938. ... Fact of the Case: Appellants sought to obtain redelivery of possession with mesne profits after their successful appeal ... Act either expressly or by necessary implication which enables him to get that relief. ... There, the problem with which the learned Judge was concerned was whether a suit for possession and mesne pro....
1948 0 Supreme(Pat) 9 • India - Patna
REUBEN, SHEARER
The mortgaged property was purchased in execution of a decree for sale, and the plaintiffs sought to redeem the entire mortgage. ... The court held that the plaintiffs could only sue for partial redemption due to the sale in execution of the mortgage decree severing ... : The court found that the plaintiffs could only sue for partial redemption due to the sale in execution of the mortgage decree ... On such deposit being made, a final decree for redemption will be passed, but possession, will not be de....
1949 0 Supreme(Bom) 18 • India - Bombay
CHAGLA, SHAH
Relief Act. ... for a decree for sale. ... for a decree for sale. ... if he would then have been entitled to sue for foreclosure or sale, he may apply to the Court to pass a decree for foreclosure or sale, and it is competent to the Court on the exercise of such option either by the mortgagor or by the mortgagee to grant that application and pass a decree accordingly. ... The only consequence of S. 15D(3), Dekkhan Agriculturists Relief Act is that up....
1941 0 Supreme(Cal) 223 • India - Calcutta
EDGLEY, BISWAS
Finally, the court held that the appellant was entitled to relief under the Bengal Money-lenders Act, 1940, and the preliminary decree ... Final Decision: The appeal was dismissed with costs, and the preliminary decree for foreclosure made by the court below was ... The court further found that the appellant was entitled to relief under the Bengal Money-lenders Act, 1940, and the preliminary decree ... There were five defendants in the suit, and a preliminary decree ....
1997 0 Supreme(Kar) 417 • India - Karnataka
T.N.VALLINAYAGAM
C. particularly when there is no decree for foreclosure. ... The court held that the mortgagor is entitled to ask for passing of the final decree until a final decree debarring the plaintiff ... Ratio Decidendi: The court held that the mortgagor is entitled to ask for passing of the final decree until a final decree ... if necessary,- (b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in....
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