History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.538
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.538
- Language
- English
v4.c63.538
⁶⁶⁵ For example, if A establishes that he lent a sum to B but if the latter establishes that he repaid the amount, this later fact of repayment is decisive of the dispute if A files a suit for recovery of the money. If A mortgages a field to B for a loan and then mortgages the same field to C, the mortgage of B, being prior, is superior to that made in favour of C The same principle is laid down in section 48 of the Transfer of Property Act (IV. of 1882).