AI Overview...
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Deposit of Mortgage Money - The mortgagor must deposit the mortgage amount in court, which then issues a notice to the mortgagee. The mortgagee can present a verified petition stating the amount due and their willingness to accept the deposit, leading to the release of the mortgaged property without further redemption suit. The court serves notice of deposit to the mortgagee, who may respond with a petition verified as prescribed by law. District Co-op. Central Bank, Chittoor VS V. Suryanarayana Setty (died) - Andhra Pradesh, Vimal Chand S/O Ramswaroop VS Nirmal Chandra S/O Babooram - Madhya Pradesh, A. Maria John VS Colachel Co-operative Housing Society Limited - Madras, K. Rajendra VS P. Somanna - Karnataka, K. Rajendra VS P. Somanna - Karnataka, Dulari Singh VS Bijendra Singh - Patna, Balambika VS Elizabeth - Madras, GHANA BISWAL VS RAMANATH MOHAPATRA - Orissa, Nirmal Chandra VS Vimal Chand - Madhya Pradesh, T. Ramesh VS E. Purushothaman - Madras
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Verification of Petition - The mortgagee's petition must be verified in the manner prescribed by law (similar to verification of plaints). This verification confirms the mortgagee's acceptance of the deposit amount and their acknowledgment of the debt, facilitating the release of the mortgaged property. District Co-op. Central Bank, Chittoor VS V. Suryanarayana Setty (died) - Andhra Pradesh, Vimal Chand S/O Ramswaroop VS Nirmal Chandra S/O Babooram - Madhya Pradesh, K. Rajendra VS P. Somanna - Karnataka, Dulari Singh VS Bijendra Singh - Patna, T. Ramesh VS E. Purushothaman - Madras
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Legal Provisions and Conditions - Under Section 83 of the Transfer of Property Act, the mortgagor must deposit the due amount before filing the redemption petition, and the mortgagee must accept this deposit via a verified petition. Failure to comply with these conditions can lead to dismissal of the redemption or revision petitions. K. Rajendra VS P. Somanna - Karnataka, A. Maria John VS Colachel Co-operative Housing Society Limited - Madras, GHANA BISWAL VS RAMANATH MOHAPATRA - Orissa
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Court’s Role - The court's function is to serve notice of the deposit to the mortgagee and ensure the mortgagee's petition is verified properly. Upon compliance, the court can order the release of the mortgaged property, provided all conditions are met. District Co-op. Central Bank, Chittoor VS V. Suryanarayana Setty (died) - Andhra Pradesh, Vimal Chand S/O Ramswaroop VS Nirmal Chandra S/O Babooram - Madhya Pradesh, Dulari Singh VS Bijendra Singh - Patna, T. Ramesh VS E. Purushothaman - Madras
Analysis and Conclusion:
A verified petition by the mortgagee is essential in proceedings related to the deposit of mortgage money under Section 83 of the Transfer of Property Act. The petition must be verified as prescribed by law, clearly stating the amount due and the mortgagee's willingness to accept the deposit. The court facilitates the process by serving notice to the mortgagee, enabling the mortgagee to respond appropriately. Proper compliance with these legal requirements ensures the mortgagor's right to redeem the property and the mortgagee's acceptance of the deposit, leading to the release of the mortgaged property without further litigation.
Search Results for "What Amount to Verification Verified Petition"
2000 0 Supreme(AP) 142 • India - Andhra Pradesh
G.BIKSHAPATHY
shall deposit the mortgage money in the Court and the Court shall issue notice to the mortgagee and in case the mortgagee presents petition ... in full discharge of the mortgage amount and that he shall deposit the mortgage deed and all other documents. ... intends to ensure that mortgaged properties are released to mortgagor without during him to file suit for redemption on deposit of amount ... Right to money deposited by mortgagor : The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mor....
1996 0 Supreme(MP) 768 • India - Madhya Pradesh
T.S.DOABIA
Final Decision: The court allowed the revision petition and set aside the order passed by the court below. ... ... Right to money deposited by mortgagor. - The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amount then due ... ... This revision petition is accepted. The order passed by the Court below is set asi....
2021 0 Supreme(Mad) 3241 • India - Madras
G.R.SWAMINATHAN
stating the amount then due on mortgage - Held, Paravakottai Village Co-operative Agricultural Loan Society Act is a selfcontained ... 1983 – Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and mortgagee may, on presenting a petition ... In view of Section 90 of Tamil Nadu Cooperative Societies Act, 1983 - Civil Revision Petitions are dismissed. ... —The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petitio....
2010 0 Supreme(Kar) 267 • India - Karnataka
ARAVIND KUMAR
for redemption only if the two ingredients as required under Section 83 of the Act are complied namely the mortgagor deposits the amount ... in the Court prior to the institution of the application or the petition and on receipt of the notice from the Court the mortgagee ... that petition presented by the mortgagor before the Court below though was in accordance with Section 83 of the Transfer of Property ... The mortgagee is required to present a petition (verified in manner prescribed by law for the #....
2010 0 Supreme(Kar) 254 • India - Karnataka
ARAVIND KUMAR
The mortgagee is required to present a petition (verified in manner prescribed by law for the verification of plaints) stating the amount then due on the mortgage and his willingness to accept the money so deposited in full discharge of such amount. ... ... In effect it would mean that mortgagee has to accept the money without demur by filing or presenting a petition which is also to be verified in a manner prescribed by law for verification of the ....
1963 0 Supreme(Pat) 35 • India - Patna
R.K.CHOUDHARY
... The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in the manner, prescribed by law for the verification of plaints) stating the amount then due on the mortgage, and his willingness ... Secondly the plaintiff mortgagee could not have withdrawn the amount without giving; a receipt, extinguishing the ijara. Lastly the plaintiff mortgagee would have been harassed by a suit had he refuse to do so. Ext. B,....
1990 0 Supreme(Mad) 215 • India - Madras
A.ABDUL HADI
Code of Civil Procedure, 1908-Section 115-Transfer of Property Act, 1882-Section 83-Amount due on the mortgage deposited in Court ... by mortgagor but not filing petition as required u/s 83 of Transfer of Property Act-Execution allowed by Executing Court though ... ... The court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amo....
1973 0 Supreme(Ori) 106 • India - Orissa
S.K.RAY
amount on the date of deposit. 2. ... The plaintiff deposited the principal amount under Section 83 of the Transfer of Property Act on 4-4-1967. ... The defendant-mortgagee did not withdraw the amount nor did he relinquish possession of the mortgaged property. ... The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition verified in manner prescribed by law for the verification of plaints stating the #HL....
2001 0 Supreme(MP) 307 • India - Madhya Pradesh
BRIJESH KUMAR, D.P.MOHAPATRA
Where it was stipulated that neither interest nor rent was payable as both amounts ... ... Right to money deposited by mortgagor. -- The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amount then ... The petition was allowed with a direction to the respondent to hand over the possession of the property to the lan....
• India - Madras
N. SATHISH KUMAR
the original petition clearly sought an acknowledgment of receipt for the mortgage amount. ... The petitioner filed an original petition under Section 83 of the Transfer of Property Act seeking to deposit the mortgage amount ... ... ... Result: The civil revision petition is allowed, and the execution petition is directed to be disposed of on merits. ... —The court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting ....
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