Judgement

Appeal from a judgment and decree of the High Court (February 14, 1914) affirming a decree of the District Judge of North Arcot.

The suit was instituted by the appellant to redeem properties sold in 1887 under a mortgage decree. The first respondent was the son of the mortgagee, who was purchaser at the sale, and the other respondents were sub-purchasers.

The facts are stated in the judgment of their Lordships.

The District Judge dismissed the suit, and his decree was affirmed by the High Court. The learned judges (Miller and Tyabji JJ.) found that the appellant had been duly represented in the proceed ings, his guardian having made an application therein, and held that the appellant was bound by the sale. They were of opinion that though the decree was not strictly in accordance with the provisions of the Transfer of Property Act, 1882, ss. 88 and 89, it was effective against the parties, and that s. 99 of that Act did not apply. They further held that the sub-purchasers were bona fide transferees for consideration within s. 96 of the Trusts Act (II. of 1882), and wore not affected by any trust which might have arisen.

1917. Dec. 14. Sir William Garth, for the appellant.