In a simple mortgage, the security for the debt is two-fold. Elucidate and cite case law, if any.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
In a simple mortgage, the security for the debt is two-fold. Elucidate and cite case law, if any.

Answer & Explanation:

In a simple mortgage, the mortgagor without delivering possession of the mortgaged property binds himself personally to pay the mortgage money and agrees expressly or impliedly that if he fails to pay the debt and interest in terms of the mortgage deed, the property may be sold and the proceeds applied in payment of the mortgaged money. This is true that in a simple mortgage, the security for the debt is two-fold: the personal obligation; and The property. In Ram Narayan Singh v. AdhindraNath, AIR (1916) PC 119 the Court held that the fact that some immovable property has been mentioned as security for its repayment does not displace the personal liability of mortgagor to repay the loan with interest.

Topics: Property Law

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