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Jaganatha Vs. Gangi Reddi and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad303
AppellantJaganatha
RespondentGangi Reddi and ors.
Cases Referredand Gumanchand v. Rakhma Hanmant I.L.R.
Excerpt:
evidence act - act i of 1872, section 115--estoppel--execution-purchaser without notice of mortgage. - 1. we think the plaintiff is estopped from recovering on the mortgage when he has allowed the auction purchaser to buy without notice in a suit in which he himself brought the property to sale--see agar-chand gumanchand v. rakhma hanmant i.l.r. 12 bom. 678.2. the second appeal is dismissed with costs.
Judgment:

1. We think the plaintiff is estopped from recovering on the mortgage when he has allowed the auction purchaser to buy without notice in a suit in which he himself brought the property to sale--see Agar-chand Gumanchand v. Rakhma Hanmant I.L.R. 12 Bom. 678.

2. The second appeal is dismissed with costs.


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