https://www.taxtmi.com/caselaws?id=169663 A compromise-decree charge was treated as a charge created by act of parties under section 100 of the Transfer of Property Act, 1882, but the proviso was held to protect a simple mortgagee who took the property for consideration without notice. The expression covering property transferred for consideration was read broadly enough to include a mortgagee with a legally vested interest, and the prior charge could not prevail where actual or constructive notice was absent. The doctrine of lis pendens also did not apply because the earlier suit was only a money claim, the property was not directly in issue, and no pending execution or darkhast attracted section 52. The later mortgagee's interest was therefore protected. en-us Thu, 03 Oct 1974 00:00:00 +0530 Wed, 29 Apr 2015 14:03:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169663 A compromise-decree charge was treated as a charge created by act of parties under section 100 of the Transfer of Property Act, 1882, but the proviso was held to protect a simple mortgagee who took the property for consideration without notice. The expression covering property transferred for consideration was read broadly enough to include a mortgagee with a legally vested interest, and the prior charge could not prevail where actual or constructive notice was absent. The doctrine of lis pendens also did not apply because the earlier suit was only a money claim, the property was not directly in issue, and no pending execution or darkhast attracted section 52. The later mortgagee's interest was therefore protected. Case-Laws Indian Laws Thu, 03 Oct 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169663