Bombay High Court
Jamna Das vs Pandit Ram Autar Pande on 2 November, 1911
Equivalent citations: (1912)14BOMLR1
JUDGMENT Macnaghten, J.
1. This is a perfectly plain case. The action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. The mortgagee has no right to avail himself of that. He was no party to the sale. The purchaser entered into no contract with him, and the purchaser is not personally bound to pay this mortgage debt. Therefore, he is not a person from whom, in the words of the 90th section of the Transfer of Property Act, u the balance is legally recoverable.
2. Their Lordships will therefore humbly advise His Majesty that this appeal must be dismissed with costs.