Supreme Court · 2013 INSC 835 · Decided 13 December 2013

Haryana Financial Corporation v. Gurcharan Singh & ANR.

Court
Supreme Court of India
Citation
2013 INSC 835 · [2013] 12 S.C.R. 832
Case number
CIVIL APPEAL No. 11028/2013
Decided
13 December 2013
Bench
K.S. RADHAKRISHNAN, C. NAGAPPAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 59

Headnote

Transfer of Property Act, 1882: c s.100 r!w s.59 - Charges - Undertaking given against loan that properties mentioned therein shall not be disposed of during the currency of the loan - Documents not registered - Held: A conjoint reading of s.100 with s.59 makes it clear that if by act of parties, is made 0 security for the payment of money to another and it does not amount to mortgage, then all the provisions which apply to a simple mortgage, as far as may be, apply to such charge - Consequently, in view of s. 59, when there is a mortgage other than a mortgage by deposit of title deeds,

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