https://www.taxtmi.com/caselaws?id=273277 A transfer of mortgaged land carries buildings and other attachments to the earth unless a contrary intention is shown, so the buildings and patta-supported survey numbers fell within the mortgage charge. Money paid to prevent an income-tax sale was not recoverable as preservation expenses or by a personal decree because the payment was not necessary to avert loss of the mortgage security and did not attract restitution under Section 70 of the Indian Contract Act. Ext. H was confined to the properties expressly released and did not exonerate the second defendant's share in items 1 and 6 of Schedule A; the connected building also remained liable, subject to directions regulating the order of sale. en-us Thu, 09 Oct 1958 00:00:00 +0530 Thu, 14 Jun 2018 15:14:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=273277 A transfer of mortgaged land carries buildings and other attachments to the earth unless a contrary intention is shown, so the buildings and patta-supported survey numbers fell within the mortgage charge. Money paid to prevent an income-tax sale was not recoverable as preservation expenses or by a personal decree because the payment was not necessary to avert loss of the mortgage security and did not attract restitution under Section 70 of the Indian Contract Act. Ext. H was confined to the properties expressly released and did not exonerate the second defendant's share in items 1 and 6 of Schedule A; the connected building also remained liable, subject to directions regulating the order of sale. Case-Laws Indian Laws Thu, 09 Oct 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=273277