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TMI Blog1939 (12) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... se he was in possession, he having purchased the property in a suit for sale brought by himself on a mortgage. He filed in the trial Court on the ground that he was not a bona fide purchaser with notice and he preferred an appeal which was dismissed on the ground that even if he did not have notice of the charge, his right would be subject to it because the charge was prior to the sale. 2. The qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rge and amounted to an anomalous mortgage. Mollaya Padayachi v. Krishnaswami Iyer AIR1925Mad95 , the other case relied on by the learned Subordinate Judge, contains a reference to the decision in Srinivasa Raghava Aiyangar v. Ranganatha Aiyangar (1918) 36 M.L.J. 618, but there was no discussion of it as it seemed to be unnecessary for the decision of that case. Even Aravamudhu Ayyangar v. Zamindar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere given. Section 2(d) of the Transfer of Property Act says that the Act does not apply to cases of transfer by operation of law, save in certain cases with which we are not here concerned. The second reason is that having regard to the definition of 'transfer' in Section 5 of the Transfer of Property Act, it is clear that a transfer within the meaning of the Act does not include an aucti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a judgment-debtor; his position is somewhat different from that of a purchaser at a private treaty. Execution purchasers purchase subject to all the charges and incumbrances - legal and equitable - which would bind the debtors. 4. This principle has been laid down in Halsbury's Laws of England Vol. 13, page 95, paragraph 87, where it is said: Ordinarily, an assignee takes subject to all equ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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