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    <title>1924 (3) TMI 4 - HIGH COURT OF CALCUTTA</title>
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    <description>A transferee of mortgaged property cannot resist enforcement of the mortgage on the ground of undue influence said to have been exercised on the mortgagor, unless the mortgagor himself avoids the transaction. An oral arrangement fixing a reduced amount for release of the mortgage was treated as a separate bargain, not a variation of the written mortgage, and was admissible under the evidence rule; it also bound the mortgagee and his assignee by contract and estoppel. A subsequent mortgagee who was not a party to the representation could not claim its benefit or rateable distribution against the released properties, leaving the balance recoverable from the remaining properties.</description>
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    <pubDate>Wed, 05 Mar 1924 00:00:00 +0530</pubDate>
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      <title>1924 (3) TMI 4 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=292024</link>
      <description>A transferee of mortgaged property cannot resist enforcement of the mortgage on the ground of undue influence said to have been exercised on the mortgagor, unless the mortgagor himself avoids the transaction. An oral arrangement fixing a reduced amount for release of the mortgage was treated as a separate bargain, not a variation of the written mortgage, and was admissible under the evidence rule; it also bound the mortgagee and his assignee by contract and estoppel. A subsequent mortgagee who was not a party to the representation could not claim its benefit or rateable distribution against the released properties, leaving the balance recoverable from the remaining properties.</description>
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      <pubDate>Wed, 05 Mar 1924 00:00:00 +0530</pubDate>
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