Alfred Henry Lionel Leach, C.J.

1. The only question in this appeal is whether Section 100 of the Transfer of Property Act overrides Section 52. The City Civil Court which tried the suit held that it did not and this opinion was shared by Somayya, J., on appeal. This appeal has been filed under Section 15 of the Letters Patent against the judgment of the learned Judge.

2. We can see no room to doubt the correctness of the judgments below. Section 52 of the Transfer of Property Act which embodies the doctrine of lis pendens is couched in very wide terms.

3. Section 100 was amended by the Transfer of Property (Amendment) Act, 1929, when the following words were added to the second paragraph: and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge.

The argument is that as the mortgagee in, this case took the mortgage without knowledge of the pendency of a suit filed on the original side of this Court in which a charge was given to the plaintiff his rights are not affected by the charge. Tha