https://www.taxtmi.com/caselaws?id=326562 A mortgage, if any, cannot be enforced by sale of the mortgaged property through execution of an arbitral award or recovery certificate; enforcement of mortgage sale must proceed by a separate suit under Order XXXIV Rule 14 CPC. A prior mortgage, if proved, retains priority over a later recovery claim under Section 48 of the Transfer of Property Act, and the existence of a recovery certificate does not by itself displace an earlier encumbrance. The Recovery Officer must investigate claims or objections to attachment or sale and determine whether the objector has an interest in the property; the matter therefore requires fresh factual inquiry. en-us Fri, 27 Nov 2015 00:00:00 +0530 Sat, 16 Apr 2016 12:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326562 A mortgage, if any, cannot be enforced by sale of the mortgaged property through execution of an arbitral award or recovery certificate; enforcement of mortgage sale must proceed by a separate suit under Order XXXIV Rule 14 CPC. A prior mortgage, if proved, retains priority over a later recovery claim under Section 48 of the Transfer of Property Act, and the existence of a recovery certificate does not by itself displace an earlier encumbrance. The Recovery Officer must investigate claims or objections to attachment or sale and determine whether the objector has an interest in the property; the matter therefore requires fresh factual inquiry. Case-Laws Indian Laws Fri, 27 Nov 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326562