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Diwan Singh and ors. Vs. Jadho Singh - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1898)ILR20All252
AppellantDiwan Singh and ors.
RespondentJadho Singh
Excerpt:
.....board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the school run by cantonment board being covered under rule 2 (f) of the cantonment fund servants rules, 1937 can file appeal under rules 13, 14 and 15 to authorities provided therein against any order imposing any penalties etc. [deolali cantonment board v usha devidas dongre, 1993 mah. lj 74; 1993 lab ic 1858 overruled]. -- maharashtra employees of private schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised.....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.
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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