https://www.taxtmi.com/caselaws?id=289498 A mortgagee's entitlement after compulsory acquisition of mortgaged property is a right to seek satisfaction of the mortgage debt from the compensation money, because the mortgage security shifts to that compensation. The mortgage decree cannot treat that compensation right as ordinary immovable property capable of sale under Order 34 CPC. The statutory scheme under the Transfer of Property Act and the West Bengal Estates Acquisition Act preserves enforcement against the compensation fund, but not a sale of the intermediary's contingent compensation claim as a separable asset. The lawful remedy is to proceed against the compensation money for recovery of the secured debt. en-us Fri, 18 Dec 1964 00:00:00 +0530 Tue, 04 Aug 2020 11:16:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289498 A mortgagee's entitlement after compulsory acquisition of mortgaged property is a right to seek satisfaction of the mortgage debt from the compensation money, because the mortgage security shifts to that compensation. The mortgage decree cannot treat that compensation right as ordinary immovable property capable of sale under Order 34 CPC. The statutory scheme under the Transfer of Property Act and the West Bengal Estates Acquisition Act preserves enforcement against the compensation fund, but not a sale of the intermediary's contingent compensation claim as a separable asset. The lawful remedy is to proceed against the compensation money for recovery of the secured debt. Case-Laws Indian Laws Fri, 18 Dec 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289498