How did the Allahabad High Court in Belo v Parbati (1940) treat the assignment of the mortgagee’s…
The Allahabad High Court upheld the assignment and rejected the objection under section 6(h) of the Transfer of Property Act and section 23 of the Contract Act. The court…
Choose your answer
How did the Allahabad High Court in Belo v Parbati (1940) treat the assignment of the mortgagee’s rights when a party objected on the ground of past cohabitation?
Answer and explanation
Correct answer A
The Allahabad High Court upheld the assignment and rejected the objection under section 6(h) of the Transfer of Property Act and section 23 of the Contract Act.
The court noted that no one alleged the past relationship was adulterous. Its decision concerned that completed assignment.
Option feedback
Option A
The court upheld the assignment and rejected the immorality objection based on the past relationship.
Option B
The court did not invalidate the assignment under the statutory provisions relied on in the objection.
Option C
The judgment affirmed the assignment and did not give the assignor a right to avoid it.
Option D
The judgment upheld the assignment without requiring later ratification by the mortgagor.
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