The Indian Decisions (New Series) Being a re-print of all the deicisions of the Privy Council on appeals from India and of the various High Courts and other Superior Courts in India reported both in the official and non-official reports from 1875 Bombay (1880-1882) I.L.R. 5 and 6 Bombay

The mortgagee is estopped from disputing that such is the effect of the sale, so far as his interest is concerned, although the officer of the Court may only have described the sale as one of the right, title and interest of the mortgagor. [...] A. L. Spans) on the ground that what the defendants 3 and 4 purchased at the Court sale was the right, title and interest of the widow ; that the land was subject to the plaintiff's lease when it was sold by the Court that the mortgage was one without possession that the auction purchasers (defend. [...] Notwithstanding the form of the sale to the third and fourth de- fendants by the Court, the suit in which it took place being founded on the mortgage, and the sale being made for the purpose of paying off the mortgagee, the interest of the latter as well as that of the defendant in that suit (the mortgagor) passed to the purchasers (defendants 3 and 4) : Kasandas v. Pranjivun Asharam (1), Khevraj [...] The mortgagee is completely estopped from disputing that such is the effect of the sale so far as his interest is concerned, although the officer of the Court may only have described the sale as one of the right, title and interest of the mortgagor. [...] We must, therefore, reverse the decree of the District Judge, and make a decree for the defendants, with costs of the suit and of the appeal to the District Judge, but we direct that the parties respectively bear their own costs of the special appeal.