Supreme Court · 1974 INSC 193 · Decided 3 October 1974
Dattatraya Shanker Mote & ORS. v. Anand Chintaman Datar & ORS.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 193 · [1975] 2 S.C.R. 224
- Case number
- CIVIL APPEAL No. 1882/1967
- Decided
- 3 October 1974
- Bench
- P. JAGANMOHAN REDDY, M. HAMEEDULLAH BEG, A. ALAGIRISWAMI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 100, 3, 48, 58; Registration Act Section 55, 51; Specific Relief Act
Headnote
Transfer of Property A.ct (4 of 1882) s. 100, proviso-If protecthm Is afforded to a simple mortgagee.-Compromlse decree creating charge, If covered b)• s. 100-l'ransferee for cmtsfderaricm if includes mortgagec-'ln the hands of mea11ink of-Lis pendens applicability. The appellants filed a pondents. The suit was compromised and by the compromise decree three items of the respondent's property were1 sought to be charged. The compromise decre~ was presented in the Registrar's office and was noted in Book No. 1, but, due to the negligence of that office only ,the charge on one
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