AIR 1929 OUDH 282

Oudh High Court

Hon'ble Judge(s): Stuart , C.J. AND Raza , J

(A) Transfer of Property Act (4 of 1882) , S.98— Mortgagee entitled to sell or foreclose mortgaged property - Mortgage is anomalous. A mortgage containing a clause to the effect that after the expiry of the due date the mortgagee shall have power to realise the entire amount found due by sale of the mortgaged property or in lieu of the said amount he may enter into possession of the mortgaged property by having it foreclosed is clearly an anomalous mortgage. (B) Civil P.C. (5 of 1908) , O.34 R.4— Suit for foreclosure on anomalous mortgage is covered by R.4. A suit for foreclosure on an anomalous mortgage is covered by O.34, R.4 :