Suit for Redemption of Mortgage

IN THE COURT OF THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE, district

Civil Suit No. _____ of year For redemption of mortgage under Section 60 of the Transfer of Property Act 1882

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff (Mortgagor)

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant (Mortgagee)

PLAINT FOR REDEMPTION OF MORTGAGE WITH CONSEQUENTIAL RELIEFS

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is the lawful owner and mortgagor of the immovable property described in paragraph 2 below, hereinafter referred to as "the suit property", which property was mortgaged with the Defendant by the Plaintiff on the terms and for the consideration set out in the registered mortgage deed described below.

2. DESCRIPTION OF THE MORTGAGED PROPERTY: The suit property is more particularly described as follows. property_description. Total measured area: total_area. Location: property_location. Boundaries: North: boundary_north; South: boundary_south; East: boundary_east; West: boundary_west. Estimated current market value: Rs. current_market_value.

3. PARTICULARS OF THE MORTGAGE: The Plaintiff mortgaged the suit property with the Defendant by way of a registered mortgage deed dated mortgage_date, registered as document No. registration_number in Book No. book_number, Vol. volume, at the office of the Sub-Registrar, sub_registrar. A certified copy of the registered mortgage deed is annexed and marked as Exhibit P-1.

4. NATURE OF THE MORTGAGE: The mortgage was a mortgage_type (simple mortgage / mortgage by conditional sale / usufructuary mortgage / English mortgage / mortgage by deposit of title deeds / anomalous mortgage). The principal sum advanced by the Defendant against the security of the suit property was Rs. principal_amount, with interest at the rate of interest_rate per annum, repayable on repayment_date.

5. POSSESSION POSITION: At the time of the mortgage, possession of the suit property was possession_at_mortgage (retained by the Plaintiff / handed over to the Defendant in the case of usufructuary mortgage). The current possession position is as follows: current_possession_status.

6. MORTGAGEE'S USUFRUCT (where applicable): During the period of the mortgage, the Defendant has been receiving rent and profits from the suit property, particulars of which are: usufruct_received. The Plaintiff is entitled to a credit and / or accounts for the said rent and profits in accordance with Section 76 of the Transfer of Property Act 1882.

7. AMOUNTS PAID BY PLAINTIFF: The Plaintiff has, from time to time, made the following payments to the Defendant on account of principal and interest: payments_made_list, totaling Rs. total_paid. Receipts and acknowledgements are annexed.

8. ACCOUNTS AND BALANCE: According to the Plaintiff's calculations, the balance due as on calculation_date, after giving credit for amounts paid and for usufruct (where applicable), is Rs. outstanding_balance. The Plaintiff is ready and willing to deposit the said amount in this Honourable Court for redemption of the mortgage.

9. DEMAND FOR RECONVEYANCE: The Plaintiff has, on multiple occasions including demand_dates, requested the Defendant to receive the redemption money and to execute and register a deed of reconveyance / surrender of mortgage in favour of the Plaintiff. The Defendant has either failed to respond or, having responded, refused to accept the redemption money on frivolous pretexts. demand_response.

10. NOTICE OF REDEMPTION: A formal written notice of redemption was served by the Plaintiff on the Defendant on notice_date, accompanied by a tender of the redemption money in cash / by demand draft. The Defendant refused to accept the said tender and to execute the deed of reconveyance, leaving the Plaintiff with no alternative but to institute the present suit.

11. STATUTORY RIGHT OF REDEMPTION: Under Section 60 of the Transfer of Property Act 1882, the mortgagor has, at any time after the principal money has become due, an indefeasible right to redeem the mortgaged property on payment of the mortgage money, and the mortgagee is bound to receive the said money and to execute the necessary deed of reconveyance, return the title deeds, and deliver possession (where applicable). This right is not subject to any restriction or condition save those expressly imposed by law.

12. NO CLOG ON EQUITY OF REDEMPTION: Any provision in the mortgage deed that purports to clog or fetter the equity of redemption is void and unenforceable in law, including but not limited to provisions for irrevocable foreclosure, denial of extension, or compulsory transfer of any portion of the mortgaged property. The Plaintiff prays for declaration accordingly to the extent applicable.

13. CONSEQUENTIAL RELIEFS: As a consequence of the redemption decree prayed for, the Plaintiff is entitled to (a) execution and registration of a deed of reconveyance / surrender of mortgage in favour of the Plaintiff; (b) return of all original title deeds, papers, and documents pertaining to the suit property held by the Defendant; (c) delivery of possession of the suit property in the case of a usufructuary mortgage; and (d) accounts of usufruct received by the Defendant.

14. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the suit property being situated wholly within the territorial limits of this Court.

15. LIMITATION: The present suit is filed within the period of limitation of sixty years prescribed by Article 148 of the First Schedule to the Limitation Act 1908 for a suit by a mortgagor for redemption of immovable property, computed from the date the right of redemption accrued. The right of redemption is a continuing right and the suit is otherwise within time.

16. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the suit property before any other forum, save and except prior_litigation_disclosure. The Plaintiff has approached this Honourable Court with clean hands.

17. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on cause_of_action_date when the Defendant refused to accept the redemption money and to execute the deed of reconveyance, and continues to subsist.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a preliminary decree under Section 60 of the Transfer of Property Act 1882 declaring the right of the Plaintiff to redeem the suit property on payment of the redemption money;

(b) Direct an account to be taken by this Honourable Court of the principal, interest, and credit for usufruct received by the Defendant, and determine the precise amount payable for redemption;

(c) On payment / deposit of the redemption money in this Honourable Court, pass a final decree directing the Defendant to execute and register a deed of reconveyance / surrender of mortgage in favour of the Plaintiff at the cost of the Plaintiff;

(d) Direct the Defendant to return all original title deeds, papers, and documents pertaining to the suit property to the Plaintiff;

(e) Where applicable, direct the Defendant to deliver possession of the suit property to the Plaintiff and to render full accounts of the usufruct received during the subsistence of the mortgage;

(f) In the event that the Defendant fails to execute the deed of reconveyance, authorise an officer of this Honourable Court to execute the same on his behalf in accordance with Order XXI Rule 34 of the Code of Civil Procedure 1908;

(g) Award costs of the suit to the Plaintiff; and

(h) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 17 of the above plaint are true and correct to the best of my knowledge and belief, and that the contents concerning legal submissions are believed to be true on advice of counsel, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate