Skip to content


Panchu Mondal Vs. Mohanund Poddar - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in1Ind.Cas.139
AppellantPanchu Mondal
RespondentMohanund Poddar
Cases ReferredJaggeswar Dutt v. Bhuban Mohan Mitra
Excerpt:
transfer of property act (iv of 1882), section 85 - party--prior mortgagee--suit by subsequent mortgagee. - 1. the only point taken in support of this appeal is that the lower appellate court erred in not holding that the present suit was liable to dismissal because, under the terms of section 85 of the transfer of property act, the prior mortgagee had not been impleaded as a defendant. we do not think there is any substance in this contention. we agree in the view taken by this court in the case of jaggeswar dutt v. bhuban mohan mitra 33 c. 425; 3 c.l.j. 205 that under the provisions of section 85 of the transfer of property act, a prior mortgagee is not a necessary or even a proper party to a suit brought by a subsequent mortgagee. the result, therefore, is that this appeal is dismissed with costs.
Judgment:

1. The only point taken in support of this appeal is that the lower Appellate Court erred in not holding that the present suit was liable to dismissal because, under the terms of Section 85 of the Transfer of Property Act, the prior mortgagee had not been impleaded as a defendant. We do not think there is any substance in this contention. We agree in the view taken by this Court in the case of Jaggeswar Dutt v. Bhuban Mohan Mitra 33 C. 425; 3 C.L.J. 205 that under the provisions of Section 85 of the Transfer of Property Act, a prior mortgagee is not a necessary or even a proper party to a suit brought by a subsequent mortgagee. The result, therefore, is that this appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //