Contents
[II Different types of M rtgages and how they are
effected ae ..
Simple Mortgage, Mortgages by Conditional
Sale, Usufructuary mortgage, Simple plus
usufructuary mortgages, English . mortgage in
India and in England, Mortgage by deposit of
title deeds, Memos and Registration. Anoma-
lous mortgage, Formalities).
IV Some general principles affecting Mortgages “.
{Covenant for title and quiet enjoyment,
Doctrine of Substituted Security, Right tc
possession, Duties of mortgagee in possession,
Accessions and Improvements).
The Mortgagee’s rights ...
‘Right to sue for the mortgage money, Personal
covenant not to be implied in every mortgage,
Stay of suit for personal remedy, Sale for
arrears of revenue).
VI The Mortgagee’s rights, (contd.) .
Remedies against property, Foreclosure and
Sale, Suit for interest alone, Sale without
intervention of Court, Appointment of Receiver,
Partial foreclosure).
VII The Mortgagor’s rights—Redemption -
‘Only after due date, No fetter on redemption,
History of clogs, Tests to determine if agreement
is a clog, Deeds of further charge and clogs,
Tender and Deposit, Duties of mortgagee on
redemption, Partial redemption, Release of part
of the security, Exceptions to the rule).
VIII The Mortgagor’s rights—(contd.) ae
‘Consolidation, Tacking, English law and
[Indian law, Agreement to make further
advances).
IX Mortgagee’s rights among themselves. Priority
and parties wa
‘Rules of priority, Parties entitled to redeem,
Rights of redeeming co-morigagor. Puisne
mortgagee. Redeem up, foreclose down, Non-
joinder of parties).
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PAGES
172-193
194-207
208-212
213-223
224-244
245-251
252-263