25000/ from you the mortgagee by cheque as mentioned above and that number numbermortgage money is due or payable and possession of the ground floor of the suit house has been delivered to you.
The said document was an unilateral one.
Appellant was a tenant under him.
Respondent admittedly is the owner of the premises in suit.
1 A/97, was reversed.
Whether the plaintiff has right to get the disputed property redeemed from mortgage?
I the mortgagor need money to purchase this mortgaged house and therefore, I have obtained money from you by cheque.
I shall keep on paying the house tax and other taxes payable in respect of the house.
In case of any accident to the house you the mortgagee shall be entitled to recover the entire mortgage money from the open land and if the entire mortgage money is number realized from open land the balance amount may be realized personally from me or from my other property and I shall have numberobjection thereto.
You may keep on using the ground floor in lieu of interest and I will have numberobjection thereto.
If so what is the effect of the same?
The said document was also an unilateral one.
The registered deed being in my name I shall mortgage the three rooms of the lower portion in which you are running the shop at present, with you.
In the event of failure to pay the entire mortgage money within ten years you the mortgagee shall have the right to get the mortgaged house auctioned through companyrt and to recover your entire mortgage money due and I shall have numberobjection thereto.
Whether the defendant took possession of the disputed house for 10 years after paying Rs.
The period for redemption of the ground floor of the said house has been settled between the parties for 10 years.
Before the expiry of ten years I the mortgagor shall number be entitled to get the ground floor of the said house redeemed from the mortgage held by you and the mortgagee.
Respondent, however, executed a deed of usfructuary mortgage in favour of the appellant on or about 1.10.1986, the relevant portions whereof read as under Therefore, I hereby mortgage with possession Kabza Girvi the entire portion of the ground floor of my aforesaid house for a sum of Rs.
Whether inspite of the fact that plaintiff is ready and wiling to redeem the mortgage and due to number handing over the possession of disputed house by defendant whether plaintiff is entitled for damages Rs.
On expiry of 10 years from the date of mortgage, a numberice was issued for redemption of mortgage and delivery of possession.
25,000/ by cheque from Shri Tarachand Gadia towards mortgage of shop.
Sagarbai w o Narayan Singh Solanki, I am purchasing this house.
After ten years on payment of the entire mortgage money you the mortgagee shall vacate the house and deliver it.
If for any reason you the mortgagee is deprived of the possession of the said house or any portion thereof you can recover the money paid by you with expenses personally from me or from my other property and I shall have numberobjection thereof.
This appeal is directed against the judgment and decree dated 5.5.2006 passed by the High Court of Madhya Pradesh, Indore Bench at Indore in Second Appeal No.
25,000/ and shall number take rent of the shop.
The issues framed in the said suit are Whether the plaintiff mortgaged the disputed house on 1.10.86 to the defendant for a period of 10 years by a registered document?
For this purpose I am taking Rs.
It was, however, preceded by an agreement of mortgage which is in the following terms I Smt.
It is also number in dispute that numberrent was demanded or paid to the respondent by the appellant since execution of the said Deed of Mortgage.
I shall number pay any kind of interest on Rs.
25000/ with you mortgagee.
CIVIL APPEAL NO.
An appeal preferred thereagainst was dismissed.
2411 2007 Arising out of S.L.P. C No.
1500/ per month?
The High Court, however, by reason of the impugned judgment allowed the second appeal preferred by the respondent herein.
I the mortgagor have received the mortgage money Rs.
13190 of 2006 B. SINHA, J. Leave granted.
As the ground floor of the aforesaid house is in possession of you the mortgagee numberinterest would be payable on the aforesaid amount.
Whether the plaintiff has number impleaded the necessary parties in present suit.
Appellant admittedly gave to the respondent the aforementioned sum of Rs.
25,000/ .
As the demand companytained in the said numberice was number acceded to, a suit for redemption of the mortgage was filed by the respondent.
474 of 2001 whereby and whereunder the judgment and decree dated 16.8.2001 passed by the District Judge, Jhabua in Civil Regular Appeal No.
4A/1999 arising out of the judgment and decree dated 23.12.1998 passed by Civil Judge, Class 1 Jhabua in Civil Suit No.
