https://www.lawweb.in/2012/04/basic-concept-of-notice-under-transfer.html
basic concept of notice under transfer of property act
An actual notice to constitute a binding notice, must be definite information given by a parson interested in the thing in respect of which the notice is issued; for it is a settled rule that a person is not bound to attend to vague rumours or statements by mere strangers, and that a notice to be binding must proceed from some persons interested in the thing: Barnhart v. Green-Shields [1854] 9 Moore's P.G. 18.
Mears, C.J.
1. The action, was directed by the respondents, Chaturbhuj and Girdhari Lal, against three sets of defendants under the following circumstances:
2. On 1st May 1909, Syed Nazar Hussain (now dead) father of defendants 1-5, executed a simple mortgage in favour of the plaintiffs respondents for Rs. 3,000 with interest at 12 annas per cent. per mensem with half-yearly rests. The property mortgaged consisted of a 20 biswas zamindari share in qasba Amanpur mahal khewat No. 1, and a two and a half biswa share in mahal Nawazish Ali, khewat No. 3, patti Ram Lal. By a clerical error the second item of property was described in the mortgage-bond as a 2-biswa share in mahal, Nawazish Ali entered in khewat No. 2, patti Ram Lal.
3. The document was registered in the office of the Sub-Registrar of Tahsil Kasganj. District Etah, on 3rd May 1909.
4. The mortgagor having died without
Allahabad High Court
Ashiq Husain And Ors. vs Chaturbhuj And Anr. on 15 July, 1927
Equivalent citations: AIR 1928 All 159, 108 Ind Cas 152
JUDGMENTMears, C.J.
1. The action, was directed by the respondents, Chaturbhuj and Girdhari Lal, against three sets of defendants under the following circumstances:
2. On 1st May 1909, Syed Nazar Hussain (now dead) father of defendants 1-5, executed a simple mortgage in favour of the plaintiffs respondents for Rs. 3,000 with interest at 12 annas per cent. per mensem with half-yearly rests. The property mortgaged consisted of a 20 biswas zamindari share in qasba Amanpur mahal khewat No. 1, and a two and a half biswa share in mahal Nawazish Ali, khewat No. 3, patti Ram Lal. By a clerical error the second item of property was described in the mortgage-bond as a 2-biswa share in mahal, Nawazish Ali entered in khewat No. 2, patti Ram Lal.
3. The document was registered in the office of the Sub-Registrar of Tahsil Kasganj. District Etah, on 3rd May 1909.
4. The mortgagor having died without
