GUJARAT INDUSTRIAL INVESTMENT CORPN. LTD. Vs. SHRI KIRITBHAI MANIBHAI PATEL
LAWS(GJH)-1982-10-36
HIGH COURT OF GUJARAT
Decided on October 05,1982

Gujarat Industrial Investment Corpn. Ltd. Appellant
VERSUS
Shri Kiritbhai Manibhai Patel Respondents


Cited Judgements :-

RAMESHKUMAR PURUSHOTTAMDAS TANEJA VS. STATE OF GUJARAT [LAWS(GJH)-2007-5-196] [REFERRED TO]


JUDGEMENT

- (1.)Tehilram Girdharidas v. Longin De Mello, 18 Bom. L.R. 587 It cannot be gainsaid that hypothecation which is a mortgage without possession and therefore, sort of a pledge is recognised in India. In the case of Tehilram Girdharidas v. Longin De Mello, 18 Bom. L.R. 587, Justice Beaman held that the rights which the plaintiff acquired over the property in 1913 remained wholly unaffected by the illusory partnership created by the hypothecator with a third party and that the hypothecatee was, therefore, entitled to bring the whole of the property to sale. The learned judge further' observed as follows:
"In India, the mortgage of chattels, having the effect of immediately transferring the property, thereunder from the mortgagor to the mortgagee, can be made by mere parole and without the transfer of possession."

(2.)This exposition of law stands good even this day and therefore, this third party can certainly bring it to the notice of the Court that it has got a sort of a charge over the suit property sought to be attached and sold.
Rule discharged.

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