Mortgage

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  • Williams v Bosanquet, (1819) 1 B&B. 238: There is no privity of estate or of contract between the mortgagee of a leasehold and its lessor seen though the former enters into possession. This rule applies in England. Jagadamba Loan Co v Shibaprasad, (1940) 45 CWN 644 PC: This case said that the privity of estate rule as discussed in the prior mentioned case does not apply in India.
  • Ramkinkar v Satyacharan, (1938) 43 CWN 281 PC: In India, the mortgagor retains a legal interest before and after the expiry of the date of payment, and a transferee from him by way of sale or mortgage get a legal interest.
  • Imperial Bank v U Rai, 1923 Rang. 637 PC: In India, unlike in England, a mortgage by deposit of title-deeds is as good a form of mortgage as any other, and does not create a mere agreement, giving rise to an equitable interest.

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