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Puisne mortgagee a party--Decree passed but no sale-Prior
mortgagee paid off by mortgagor-Suit by puisne mortgagee ... mortgage a decree has already been made in a prior
mortgagee's suit to which he is made a party
Supreme Court of India
other subsequent mortgagee the same rights as
against the prior mortgagee as the mortgagor has against him as regards ... over and above his right of redemption
of the prior mortgage? Has he the right to bring to sale
Madras High Court
free of both mortgages
and a direction that the prior mortgagee's debt be first paid off and
the amount ... purchaser who
had the right of the prior mortgagees in him must be paid the amount
Madras High Court
probably to the fact it was subject to a prior mortgage. In this state
of affairs the defendant brought ... they had
been included, i.e., to redeem the prior mortgage and then either to
proceed to sale
Madras High Court
property had been
brought to sale on a prior mortgagee's decree. The proposition for
decision in that case ... gave to sell the
property in discharge of the prior mortgagee's debt. At page 320 of
that judgment
Madras High Court
questions only are raised in this appeal. A prior mortgage was
redeemed partly by the mortgagor and partly by vendees ... favour payments were made by the
vendees to the prior mortgagees in part redemption of the prior
mortgage. The vendees
Allahabad High Court
plaintiff having no higher rights than
that of the prior mortgagee, was likewise barred from enforcing the
charge. He therefore ... payment, subrogated to the rights and
remedies of the prior mortgagee, as held by both the lower Courts, does
Madras High Court
they had
acquired by subrogation the rights of the prior mortgagee on the basis
of the mortgage bond dated ... been subrogated to the
rights of the prior mortgagee, namely, the defendant fifth party. On
both these issues the learned
Patna High Court
instituting a suit O. S. 123/1118. The prior mortgagee namely, the
plaintiff was not a party to the suit ... narration of facts that the
plaintiff, though a prior mortgagee, was a purchaser under court sale
only
Kerala High Court
Orissa. These very properties were subject to a prior
mortgage in favour of the Allahabad Bank Limited, Calcutta, hereinafter
referred ... same property shall, if made with notice
of the prior mortgage, be postponed to the prior mortgage in respect
Allahabad High Court
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