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(1946) 2 MLJ 355 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Horwill, J.
Case Number(s) : S.A. No. 726 of 1945.
Judgement Date :
Wednesday 10th of July 1946
| A.S. Varadaraja Ayyar | .....Appellant(s) | | Versus | | | Rama Pattar’s son Kailasam Ayyar and others | .....Respondent(s) |
Registration Act (XVI of 1908), section 87 — Charge entered into wrong book by mistake of the Registration Department — Subsequent mortgage — No application by mortgagee for encumbrance certificate — Suit to enforce charge — Mortgagee if can plead want of notice of charge — Mistake does not affect the validity of the charge and is binding on the
mortgagee.
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