https://www.taxtmi.com/caselaws?id=461064 Gross neglect by a prior mortgagee in leaving title-deeds with the mortgagor for nearly four years can justify postponement under Section 78 of the Transfer of Property Act, even without fraud or complicity in fraud, where a later mortgage is advanced on the faith of the property. Registration of the earlier mortgage was held not to operate as notice to the subsequent mortgagee, and mere failure to search the registry did not amount to disqualifying negligence. The court also examined merger in the later conveyance but did not finally decide priority on that ground, proceeding instead on the wider postponement principles and treating the subsequent mortgagee as having priority. en-us Tue, 24 Nov 1891 00:00:00 +0521 Mon, 10 Mar 2025 15:26:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=461064 Gross neglect by a prior mortgagee in leaving title-deeds with the mortgagor for nearly four years can justify postponement under Section 78 of the Transfer of Property Act, even without fraud or complicity in fraud, where a later mortgage is advanced on the faith of the property. Registration of the earlier mortgage was held not to operate as notice to the subsequent mortgagee, and mere failure to search the registry did not amount to disqualifying negligence. The court also examined merger in the later conveyance but did not finally decide priority on that ground, proceeding instead on the wider postponement principles and treating the subsequent mortgagee as having priority. Case-Laws Indian Laws Tue, 24 Nov 1891 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=461064