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    <title>1964 (3) TMI 122 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=282362</link>
    <description>Registered mortgages were treated as giving constructive notice to a later transferee, and the third defendant was found to have actual knowledge of the prior encumbrances, so the plea of bona fide purchase failed. The mortgagees could also enforce their security against the superstructure erected by the life tenant because the mortgage deeds covered future constructions and the building was treated as part of the mortgage security. Proceedings under Section 69-A of the Transfer of Property Act were held to be summary and incapable of deciding title, so the earlier receiver order did not operate as res judicata. The discussion thus favours enforcement of prior mortgage rights and rejects both the bona fide transferee and res judicata objections.</description>
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    <pubDate>Fri, 20 Mar 1964 00:00:00 +0530</pubDate>
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      <title>1964 (3) TMI 122 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=282362</link>
      <description>Registered mortgages were treated as giving constructive notice to a later transferee, and the third defendant was found to have actual knowledge of the prior encumbrances, so the plea of bona fide purchase failed. The mortgagees could also enforce their security against the superstructure erected by the life tenant because the mortgage deeds covered future constructions and the building was treated as part of the mortgage security. Proceedings under Section 69-A of the Transfer of Property Act were held to be summary and incapable of deciding title, so the earlier receiver order did not operate as res judicata. The discussion thus favours enforcement of prior mortgage rights and rejects both the bona fide transferee and res judicata objections.</description>
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      <pubDate>Fri, 20 Mar 1964 00:00:00 +0530</pubDate>
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