The Calcutta Law Journal Short Notes of Cases Articles and other Matters February 1st & 16th 1933

Though the observation of Lord Atkigi Oho delivered the judment may apparently lead to sotre onfusioe but applying the remarks to the facts of that particillarCete there is nothing which militatts against the view expressei in the foregoing cases. [...] It may not be out of place to mention here that the mortgagee's right in land has been held to be within the definition of land as given in the Punjab Oliegatiorie of Land Act (Act XIII4 of 1900). [...] Turning to the English decision In the Goods of Gates (a) it appears that a hequest liy a testator of all his money has the effect of disposing of his mortgage debt as well although in Taylor v. Tweedi (5) money has been considered to be tha4 which is either in hand or at a flank. [...] The case was lig\vever disposed of on the finding : Now it is clear from the deli itLn inithe Transfer of Property Act as well as on general principles that a mortgage is an interest in land and at any rate it is perfectly clear that a mortgage with possession is an interest in land." The obselPiation of Kensington J. in Sezva.Ram v. Dheru Shah (3) seems to furnish an opposite answer and thu [...] In 1876 H with the consent of V’s father mortgaged that property to M father of P. In 1919 P suppressing the fact of morgage to her father sold the property to D. In 1921 D to perfect his title obtained a sale deed from B who was the mother’s sister and also a defacto guardian of R minor heir of the mortgagor H. R thereupon died while still a minor.