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Tota Ram and ors. Vs. Lala - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1898)ILR20All468
AppellantTota Ram and ors.
RespondentLala
Excerpt:
act no. iv of 1882 (transfer of property act), section 135 - actionable claim--sale of mortgagor's interest in mortgaged property. - 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.
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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