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Diwan Singh And Ors. vs Jadho Singh on 31 January, 1898

Allahabad High Court
Diwan Singh And Ors. vs Jadho Singh on 31 January, 1898
Equivalent citations: (1898) ILR 20 All 252
Bench: J Edge, Burkitt


JUDGMENT

John Edge, C.J. and Burkitt, J.

1. In this case it is contended in appeal that the holder of a registered deed of sale of immovable property who, at the time of the making of his contract of sale, had notice of a prior unregistered mortgage, which did not require registration, was entitled to priority by reason of Section 50 of the Indian Registration Act, 1877, over the holder of the unregistered mortgage. The rule of equity on this subject which has always been followed in this Court has been applied by our brother Aikman in the decree from which this appeal has been brought. We dismiss this appeal with costs.

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