IMP Sections
TOPA -
36,37, 41, 43, 48,52,53,53A,54,55,56,58, 60, 67, ( rights and duties of mortgagee and
mortgager ) ,69 , 78, 81,82, 91,92,93, 96,100, 105,106,107,109,( rights and duties of , 111,
116( tenancy at will and tenancy at sufferance) , 118, 122,123,124,125,126,127,128,130,136
EASEMENT ACT -
4,5, 8, 13, 15, 17,18,19, 32-36, 37, 38,39,41,42,43,44,45,46, 47, 49,51,52,62.
Order 34 rule 1-12( mortgage)
Section 36
Apportionment of periodical payments on determination of interest of person entitled
1. Satyabhamadevi v Ram, Kishore
A has a house that he has given on rent. As per the agreement with the tenant, the
tenant pays Rs 3000 as rent to A on the last day of each month. A sells this house to B
on the tenth day of the month. On the thirtieth day when the tenant pays the rent, A
would be entitled to the rent of the first ten days and the transferee would take the rent
for the rest of 20 days, i.e., the transferor would take Rs 1000, and the transferee Rs
2000. The apportionment contemplated here is applicable only as between the
transferor and the transferee.
2. Lala Ganga Ram v Mewa Ram
When a decree is passed for the redemption of a mortgage, the apportionment of the
rents of the mortgaged property is made as from the date when money is paid for
redemption and not from the date of the decree.
Section 37
3. Raja Simhadri v Prattipati Ramayya
if the tenant knows that property is bought by several co-sharers, he should not pay
the rent to just one of them or to all of them in equal shares, but must pay rent to each
of them in proportion to their contribution. A tenant is therefore, under an obligation
to pay rent to each sharer, his proportionate portion of the rent.
4. Alimuddin v Hira Lal
The rule of apportionment does not apply to court sales, other involuntary transfers, or
succession,98 or to leases for agricultural purposes,99 unless and until the state
government by notification in the Official Gazette so directs.
Section 41- Transfer by ostensible owner
5. Layak Ram v Daramvati
the transferee after taking reasonable care to ascertain that the transferor had power to
make the transfer, has acted in good faith then transfer by ostensible owner shall not
be voidable.
6. Sonal Singh v Hukum Singh Chauhan
Ostensible owner’s behaviour and conduct appears to be that of the owner of the
property with the consent or conduct of the real owner.
Section 43- Doctrine of feeding the grant by estoppel. Transfer by an
unauthorized owner who subsequently acquires interest in the property.
7. Ram Bhawan Singh vs. Jagdish
case, the judgment of the case denoted that the doctrine applies to the sale, mortgage,
lease, exchange, and charge. Also, the doctrine is not applicable when the acquired
interest of the transferor is not the subject matter of the concerned property but to any
other immovable property. The court also held that, when the larger part of the interest
comes to the transferor, it automatically passes to the transferee
8. Jumma Masjid Mercara v Kodimaniandra Deviah
....................... read from interent
Section 48
9. Xavier v John
Doctrine of priority embodies the rule of priority
and as such all such rights cannot co-exist or be exercised to their full extent together,
the latter transfer shall be subject to rights previously created.
10. Harnandun Singh v Jawad Ali
Doctrine of priority u/s 48 is subject to doctrine of notice (exceptions to section 48)
11. Girdhari Lal v Dhirendre
Where the second transfer is by virtue of an order of the court that also says that this
transfer will have precedence over all the previous charges.
Section 52
12. Haji Abdul Mateen v Sheikh Haji Firozuddin
whosoever takes the property by a transfer during the pendency of the litigation,
would be automatically bound by the decision of the court and it would be
enforceable as against him, irrespective of whether he was formally joined in the
litigation as a party or not.
Section 54- Sale of immovable property
13. Nalamatthu Venkaiya vs B.S Neelkantha
The time of payment of consideration is not material. Consideration may be promised
or paid at a future date.
Section 55
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Section 56- Marshalling
14. Fiatallis North America, Inc Et Al v. Pigott Construction Limited
that there must be a single or common mortgagor or debtor.
15. Devatha Pullaya v. Jaldu Manikyala Rao
where a puisne mortgagee has taken the mortgage expressly on condition of
discharging certain amount due on the prior mortgage but fails to fulfil that term, he
cannot exercise the right of marshalling.
Section 81
16. Umesh Chandra v Hemangachandra
Marshalling will be refused if the rights of subsequent purchasers are adversely
affected.
Section 58- Mortgage
i. Simple Mortgage
17. Nirmala Baldwa v Govt of AP
In a simple mortgage, the mortgagor retains the possession of the property.
There is no need to deliver possession41 as the amount can be recovered by a
simple money decree.
ii. Mortgage by conditional sale
iii. Usufructuary Mortgage
Section 60- Right of redemption of the mortgagor
18. Sarojni Prabhu v Papikutty Adiesian
The right to redeem arises only after the principal money has become due.
19. Seth Gangadhar v Shankerla
Right to redemption cannot be taken away or defeated by an agreement to the contrary
made either at the time of the execution of the mortgage as part of the contract.
Section 78- Postponement of prior mortgage
20. Salamat Ali v Budh Singh,
If there are circumstances which show that the mortgagee acted dishonestly or
disingenuously, and the puisne mortgagee was, in consequence, deceived, the prior
mortgagee will be deprived of priority.
Section 91 – who may sue for redemption
21. Rutnam Pittai v Kamalambal
Any person other than the mortgagee of the interest sought to be redeemed who has
any interest in,48 or charge upon49 the property mortgaged or in or upon the right to
redeem the same.
Section 92- Subrogation
22. Ramgopal v Nanakram
Law does not recognise a partial subrogation and therefore, the rule does not confer a
right of subrogation on any person unless the mortgage in respect of which the right is
claimed has been redeemed in full.
23. Samtribai v Nanhelal
A right of subrogation affects the property76 and therefore, an agreement of
subrogation must be in writing and registered.
Section 100- Charges
24. Raja Sri Shiva Prasad v Beni Madhab
The purpose of a charge is to secure the payment of money, but there is no transfer of
a right in this property in favour of the other to make it a mortgage.1 It is akin to the
creation of a personal obligation, such as a right to obtain the payment of money out
of a specific property.
25. Abduljabhar v Venkata Sastri,
A charge need not be in writing,5 but if it is reduced to writing, registration is
necessary in the case of a nontestamentary instrument of the value of Rs 100 or
upwards.
Section 105- Lease defined
26. Mineral Dev Pvt Ltd v UOI
A lease is a transaction with respect to immovable property and creates a right to
enjoy such property for a certain term and for consideration on the conditions
mentioned in it.
27. Ragoonathdas v Morarji
The relationship of landlord and tenant can come into existence only by a transfer of
an interest5 in immovable property pursuant to a contract6 and creates a right in rem.
28. Tola Ram v Bombay
Where there is no transfer of interest, there is no lease.
Section 107- Lease how made
29. Sumatibai Vaman v Anand Balkrishna
A decree operating to create a lease is not exempt from registration.
30. Khaja Abdul Qadeer v Mohammed Allauddin
A perpetual lease is required to be registered under the Act and where it is created, it
amounts to transfer of ownership and necessary documents of the transfer of the
property are to be executed.
Section 116- Effect of holding over
31. Ram Prasad Kurmi v Suraj Nath
A tenant who, after termination of the lease, continues in possession without the
consent of the landlord is a tenant at sufferance.
Section 118 Exchange Defined
32. Randhir v Randhir
If one of the items transferred is coupled with money, the transaction is not an
exchange but a sale.
