Judicial Dictionary



Title Fraud vitiates a decree
Details

The real owner’s title will not be extinguished in any manner in a mortgaged property, even after passing a decree, if it is found that the mortgagors have no right, title and interest in the property mortgaged. Therefore, whatever decree the mortgagee will get, such the decree is subject to the mortgagor’s title in the said property. Fraud vitiates a decree and the real owner can also ignore the decree under section 44 of the Evidence Act. .....Sekandar (Md.) =VS= Janata Bank Ltd., (Civil), 2017 (2)– [3 LM (AD) 448] ....View Full Judgment