Law: Transfer of Property Act (IV of 1882)

Section:

Transfer of Property Act (IV of 1882), Ss. 52, 60 & 63-A S. 52 may not apply to involuntary alienation but principle of lis -pendens applies if proceeding is not fraudulent or collusive Purchase of share in equity of redemption either in Court sale or by private treaty cannot discharge mortgage debt-No test enunciated in S. 63-A fulfilled-Mortgage not entitled to costs of improvement.   [Case-law discussed.] JUDGMENT   This appeal arises out of a suit for redemption. The facts which have given rise to this appeal are briefly these: ---   Defendant No. 2 Tarapada Bose and defendant No. 3 Sasanka Shekhar Bose, whoare brothers, mortgaged the disputed properties to the Comilla Banking Corporation Limited, Mymensingh Branch for Rs. 1,500 by executing a mortgage bond on 20-9-38. The Comilla Banking Corporation Limited instituted the Mortgage Suit No. 398 of 1946 in the Second Munsif's Court; Sadar, Mymensingh, against the defendants Nos. 2 and 3, and got a preliminary decree (Exh. G) for Rs. 1,636-9-3 pies with costs, on 22-12-47. Final decree [Exh. G (1)] was passed on 18-12-50, for Rs. 1,639-11-3 pies. The Comilla Banking Corpora tion Limited was amalgamated with defendant No. 1, the United Bank of India on 8-12-51. On the same date, defendant No. 4 purchased the mortgage decree from defendant No. 1 by the kabala Exh. A(1) for Rs. 1,675-7-9 pies. On 21-3-52, defendant No. 4 purchased the share of defendant No. 3 in the equity of redemption for Rs. 1,500 by the kabala Exh. A. After purchase of the mortgage decree, defendant No. 4 started the Mortgage Execution Case No. 52 of 1952 in the Second Munsif's Court, Sadar, Mymensingh, against defendants 2 and 3 and purchased the mortgaged properties in the Court sale on 15-11-52, for Rs. 1,700-6-6 pies. The sale was confirmed on 27-12-52. Defen dant No. 4 took delivery of that possession of the properties through Court on 25-9-53.   In 1943, the Calcutta National Bank Limited, Mymensingh Branch, instituted Money Suit No. 13 of 1943 in the Court of the First Subordinate Judge, Mymensingh against defendant No. 2, and the suit was decreed on 5-1-44. On the basis of the decree, the Calcutta…