Format of Discharge of Mortgage Suit.

(Under the Provisions of Transfer of Property Act, 1882 and other applicable laws)

IN THE COURT OF [COMPETENT COURT NAME] AT [LOCATION]

Civil Suit No. [______] of [Year]

[Name of Plaintiff] S/o or D/o [Parent’s Name], Aged [__] years, Occupation: [__________], Residing at [Full Address], ... Plaintiff

VERSUS

[Name of Defendant] S/o or D/o [Parent’s Name], Aged [__] years, Occupation: [__________], Residing at [Full Address], ... Defendant

PLAINT UNDER ORDER VII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908

(READ WITH SECTION 60 OF THE TRANSFER OF PROPERTY ACT, 1882)

1. Description of the Suit:

This is a suit for the discharge of mortgage seeking:

• Declaration of the plaintiff’s right to redeem the mortgaged property;
• Direction to the defendant to deliver the mortgage deed and other relevant documents;
• Order for the defendant to execute a reconveyance of the property;
• Possession of the mortgaged property (if applicable); and
• Any other relief deemed appropriate by the Hon’ble Court.

2. Facts of the Case:

1. That the plaintiff is the absolute owner of the property situated at [Complete Address and Description of Property], hereinafter referred to as “the suit property.”
2. That on [Date], the plaintiff mortgaged the suit property to the defendant for a sum of ?[Amount], under a mortgage deed dated [Date of Mortgage Deed], registered as Document No. [______] at [Name of Registrar Office].
3. That as per the terms of the mortgage, the plaintiff was obligated to repay the mortgage amount with an interest rate of [Rate of Interest] within [Time Period].
4. That the plaintiff has duly repaid the entire mortgage amount along with interest on [Date of Repayment], which is evidenced by [Details of Payment Receipts/Proofs].
5. That despite repayment, the defendant has refused to discharge the mortgage and release the title deeds of the suit property.

3. Cause of Action:

The cause of action arose on [Date] when the plaintiff repaid the mortgage amount in full, and the defendant refused to acknowledge the same and failed to reconvey the mortgaged property.

4. Jurisdiction:

This Hon’ble Court has jurisdiction to entertain this suit as the suit property is situated within its territorial jurisdiction, and the cause of action also arose within its jurisdiction.

5. Legal Grounds:

This suit is filed on the following legal grounds:

• Section 60 of the Transfer of Property Act, 1882: Right of mortgagor to redeem the property upon repayment of mortgage debt.
• Order XXXIV of the Code of Civil Procedure, 1908: Deals with suits relating to mortgages.
• Any other provisions under relevant laws applicable to the case.

6. Reliefs Sought:

The plaintiff prays for the following reliefs: a. A declaration that the plaintiff has discharged the mortgage on the suit property. b. A decree directing the defendant to deliver the mortgage deed and other title documents to the plaintiff. c. An order for reconveyance of the suit property in favor of the plaintiff. d. Costs of the suit. e. Any other relief deemed fit and proper by this Hon’ble Court.

7. Verification:

I, [Plaintiff’s Name], the above-named plaintiff, do hereby verify that the contents of paragraphs [Para Numbers] are true to my knowledge, and those of paragraphs [Para Numbers] are based on legal advice which I believe to be true. Verified at [Location] on this [Date].

[Signature of Plaintiff]

[Name of Plaintiff]

[Signature of Advocate]

[Name of Advocate] [Enrollment No.] [Contact Details and Address]

Applicable Laws and Guidelines:

1. Transfer of Property Act, 1882 – Section 60 (Right of Mortgagor to Redeem).
2. Code of Civil Procedure, 1908 – Order XXXIV (Suits relating to Mortgages).
3. Indian Evidence Act, 1872 – For proving repayment and other related documents.

Notes:

1. Ensure all factual details are accurate, including names, dates, and property descriptions.
2. Attach relevant documents such as the mortgage deed, payment receipts, and correspondence proving repayment.
3. The format should be tailored according to the rules of the jurisdiction where the suit is filed.

This draft is a comprehensive template. Specific details must be modified to suit the particular facts and legal context of each case.