Desai v Jiwa (C.C. 251/1932.)
Desai v Jiwa (C.C. 251/1932.) [1932] EACA 37 (1 January 1932)
The court held that Order XXXIII, Rule 2(e) of the Civil Procedure Rules does not apply to suits for foreclosure and sale under a simple mortgage where the property is not transferred to the mortgagee and no landlord-tenant relationship is created. The English cases cited by the plaintiff are inapplicable because they concern mortgages involving transfer of possession and creation of landlord-tenant relationships. In the present case, the mortgage is a simple one, binding the mortgagor personally to pay without delivering possession or transferring ownership. Therefore, the application for su…
Source excerpt
- Summary Judgment
- Mortgage Suit
- Simple Mortgage
- Foreclosure
- Transfer Of Property
- Covenant To Pay