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(1963) 2 MLJ 365 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. S. Ramachandra Iyer, Chief Justice and Mr. Justice K.S.Venkataraman
Case Number(s) : S.A.No.884 of 1960. (8th Chaitra, 1885, Saka).
Judgement Date :
Friday 29th of March 1963
| Arulayi Nadachi and another | .....Appellant(s) | | Versus | | | Jagadeesiah Nadar and others | .....Respondent(s) |
Transfer of Property Act (IV of 1882), section 43 — Feeding the grant — Mortgagor entitled to third share — Mortgage by him of two-third share — Purchaser in Court auction in execution of mortgage decree — If can invoke the doctrine of feeding the grant to third share acquired by mortgagor after the sale or decree.
Evidence Act (I of 1872), section 115 — Representation by mortgagor that he has title to third share — acted upon by mortgagee to his detriment — Estoppel — Mortgagor and his representatives would be precluded from asserting the contrary.
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