Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Tota Ram And Ors. vs Lala on 15 June, 1898
Equivalent citations: (1898) ILR 20 All 468
Author: B A Burkitt
Bench: Blair, Burkitt


JUDGMENT

Blair and Burkitt, JJ.

1. This appeal, one ground only, the third, being urged upon us, is based on the contention that the purchase of the mortgagor’s interest in land subject to a mortgage is a purchase of an actionable claim within the meaning of Section 135 of the Transfer of Property Act. We are not prepared to accede to so novel a contention, for which no authority is produced. In our opinion, what was effected by the purchase was the transfer of the land itself subject to the mortgage, It seems to us a totally different thing from and bears in our mind no analogy whatever to the purchase of a mortgagee’s interest in a mortgage after the mortgage has become due and payable. We dismiss the appeal with costs.


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