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Jamna Das Vs. Ram Auta Pande and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported in(1912)ILR34All63
AppellantJamna Das
RespondentRam Auta Pande and ors.
Excerpt:
.....from mortgagor--mortgage-money part of consideration for sale--personal liability of purchaser--sale of mortgagee rights. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state 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.....macnaghten, j.1. this is a perfectly plain case. the action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. the mortgagee has no right to avail himself of that. he was no party to the sale. the purchaser entered into no contract with him, and the purchaser is not personally bound to pay this mortgage debt. therefore, he is not a person from whom, in the words of the 90th section of the transfer of property act, 'the balance is legally recoverable.' their lordships will therefore humbly advise his majesty that this appeal must be dismissed with costs.
Judgment:

Macnaghten, J.

1. This is a perfectly plain case. The action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. The mortgagee has no right to avail himself of that. He was no party to the sale. The purchaser entered into no contract with him, and the purchaser is not personally bound to pay this mortgage debt. Therefore, he is not a person from whom, in the words of the 90th Section of the Transfer of Property Act, 'the balance is legally recoverable.' Their Lordships will therefore humbly advise His Majesty that this appeal must be dismissed with costs.


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