Alfred Henry Lionel Leach, C.J.

1. The question for decision in this appeal is whether a transferee of immovable property is entitled to a charge on it in respect of the amount disbursed by him in paying off a mortgage on the property when he is not entitled to be subrogated to the rights of the mortgagee by reason of the fact that there does not exist a registered agreement of the nature of that contemplated in the third paragraph of Section 92 of the Transfer of Property Act.

2. The first paragraph of the section states that any of the persons referred to in Section 91 (other than a mortgagor) and a co-mortgagor shall, on redeeming the property subject to the mortgage, have, as regards redemption, foreclosure or sale, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or another mortgagee. The second paragraph says that the right conferred by the section is called the right of subrogation and a person acquiring such right is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. In the third paragraph it is provided that a person who has advanced to a mortgagor money with which the mortgage has been redeemed sh