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When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor's interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of:

When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor's interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of: Correct Answer Madhavan v. Madhavan, AIR 1994 Ker 75

Related Questions

When the mortgagee or, if there are several mortgagees, all the mortgagees, acquire by purchase or inheritance or otherwise, a share of the equity of redemption, the mortgage is extinguished pro tanto, and they may recover the balance of the debt against the residue of the property. This was decided in case of:
A mortgage which is not a simple mortgage, a mortgage by conditional sale, an Usufructuary mortgage, an English mortgage or a mortgage by deposit of title deeds is called . . . . . . . .
Mortgagor binds himself to repay the mortgage money on certain date and transfer mortgage property absolutely to mortgagee with a condition that upon repayment of mortgage money, the mortgage will re-transfer it to mortgagor. This type of mortgage is known as:
Section 58 enumerates some classes mortgages:
(1) Simple mortgage
(2) Mortgage by conditional sale
(3) Usufructuary mortgage
(4) English mortgage
(5) Equitable mortgage
(6) Anomalous mortgage
Legal subrogation occur in following ways:
(1) a puisne mortgagee redeeming a prior mortgage.
(2) a co-mortgagor's surety redeeming the mortgage.
(3) mortgagor's surety redeeming.
(4) a purchaser of the equity of redemption redeeming a mortgage.
The notification for six different posts - Clerk, PRO, Lecturer, Accountant, Watchman and Principal- are to be released on consecutive Fridays. The schedule of the releasing is to be in accordance with the following conditions: (i) Clerk post must be released a week before the Watchman post. (ii) Lecturer post must not be released immediately after the first release. (iii) PRO post must be released on the Friday following the Friday on which the Principal post is released. (iv) Accountant post must be released on the fifth Friday and should not be immediately preceded by the PRO post. (v) The Watchman post must not be released last. Which of the following notifications will be released immediately after the PRO post?
Give the correct Response
1. The interest of a coparcener in the joint family property becomes fixed only by partition.
2. A coparcener has an interest by birth in the joint family property.
3. The interest that a coparcener acquires at birth is undetermined interest.
4. The interest which a coparcener acquires in the joint family property is unpredictable as well as fluctuating.
Consider the following statements about Speaker Pro Tem. 1. The President appoints a member of the Lok Sabha as the Speaker Pro Tem. 2. The constitution mentions oath to the office of Speaker Pro Tem. 3. The Speaker Pro Tem has limited powers to that of the Speaker. Which of the above statements is/are incorrect?
Priya and khushi invested Rs.3000 together. Priya invested her amount at compound interest for ‘x/10’ years at x% rate interest and khushi invested half of her amount at compound interest and remaining half at simple interest at the same rate of interest for the same time period. [It is given that ‘x/10’ is a natural number] What is the value of ‘x’? Statement I: Ratio of investment of priya and khushi is 1 : 2 respectively and total sum received by them together after a particular time at x% rate of interest is Rs. 4280. Statement II: Simple interest received by khushi is Rs. 40 less than compound interest received by her. Statement III: Sum of simple interest and compound interest received by khushi after a certain time at x% rate of interest is Rs. 2500 Which of the above statement is redundant to find the answer of the given question?
There is a hint in this question and a statement is given later. Carefully read the excerpts provided and determine the statement based on that episode. The current Australian team has lost three of their last five Test series. They lost their last two Test series, one of which was against Pakistan, which is not considered to be a strong team now. Australia's two best batsman, Steve Smith and David Warner are currently suspended and their absence has weakened the Australian team. There is a lot of dissatisfaction and introspection about how their national team plays in Australia, how they show aggression on the field, how they do not show respect to the team against them, and neglecting the media at the most, and focusing only on winning only, the discussion on the future of the game is ongoing. There are. Australian cricket never reached such a low level. This is the best opportunity to knock them into their own house. In other words, if this India could not beat Australia in Australia in this series, then it would prove that the campaign around this team is only the same: the propaganda. Legislation: The current Australian team won two of the last five Tests they played. Choose the right one from the next option A - The statement is completely true. B - Statement is most true. C - There is no definitive definition based on C-statement. D- Statement is completely false.