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' the presumption that a person paying off a mort decisions of the other Courts in Madho gage intends to keep it alive if it is for his benefit Singh v- Pancham Singh (9) and Jasodha- to do so" : (see the head note,) kumar v Kali Kumar, A J B 1930 Cal Effect to the decisions of the Privy 619 and 572, brought to my notice by Council has been given in the new S 101, the learned advocate for the appellant T P Act, which replaces the old section fully support him Having regard to The new section runs as follows the decisions of the Privy Council, the " Any mortgagee of, or person having a charge upon, immovable property, or any transferee general trend of the decisions of this from such mortgagee or charge-holder, may pur Court and the new S 101, T P Act, I chase or otherwise acquire the rights in the pro am not inclined to treat the authority perty of the mortgagor or owner, as the case of Srinivasaohari v Gnanaprakasa Mu may be, without thereby causing the mortgage or charge to be merged as between himself and daliar (5) on this particular point as any subsequent mortgagee of, or person having going beyond the actual decision I a subsequent charge upon the same property; would therefore hold that the plaintiffs aft`d   flag  2

AIR 1914 Mad 693
All India Reporter, Madras Series
India - Tamil Nadu

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
(Peria Veedu) Abdul Majid Sahib v Arunachala Mudaliar [1931] AllINRprMad 28; [1932] AIR Mad 84 All India Reporter - Madras India - Tamil Nadu 29 Jul 1931 AsianLII flag
Prayag Doss Jee Varu v Ravur Chengama Naidu [1916] AllINRprMad 401; 20 MLT 295 All India Reporter - Madras India - Tamil Nadu 10 Aug 1916 AsianLII flag

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