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Malik Ahmad Wali Khan vs Musammat Shamsi Jahan on 21 March, 1906

With regard to Section 95 of the Old Act their Lordships of the Privy Council in the case of Ahmad Wali Khan v. Shamsh-ul-Jahan Begam 28 A. 482 : 10 C.W.N. 626 : 3 A.L.J. 330 : 3 C.L.J. 481 : 1 M.L.T. 143 : 8 Bom. L.R. 397 : 16 M.L.J. 269 : 33 I.A. 81 : 8 Sar. P.C.J. 918 (P.C.) remarked that the construction of Section 95 of the Transfer of Property Act, should not limit its operation to mortgages under which possession passes, and therefore on redemption properly repasses: the better way is to construe it distributively, to mate the condition of obtaining possession apply only to the cases in which its fulfilment is from the nature of the mortgage possible, and in other cases to make the charge follow on redemption.
Bombay High Court Cites 1 - Cited by 10 - Full Document

Aziz Ahmad Khan And Ors. vs Chhote Lal And Ors. on 4 January, 1928

5. So far as the question of limitation is concerned the learned Advocate for the appellants has to concede that the latest case of this Court Aziz Ahmad Khan v. Chhote Lal 109 Ind. Cas. 38 : 26 A.L.J. 298 : A.I.R. 1928 All. 241 : 50 A. 569, is against him. The payment was made at a time when the Old Transfer of Property Act, was in force. We are therefore not concerned with the effect of the recent amendment.
Allahabad High Court Cites 11 - Cited by 11 - Full Document
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