Haris Paik v. Jahuruddi Gazi

The Judgments of the Court were as follows:—

Maclean, C.J:—I think that the covenant is a valid one. In my judgment there is nothing in it which is contrary to public policy or is likely to injuriously affect the mortgagor. The learned vakil who appeared for the Respondent has not been able to adduce any authority either in the Indian or English Courts which would support the proposition for which he contends, viz, that the covenant is bad. If he had no notice of this covenant in the mortgage deed, he may—I do net say he can—be able to set up that he is a purchaser for value without notice. The question of notice has not been decided by the Court below. The case must therefore be remanded to the lower Appellate Court for retrial upon that question. The costs of the appeal will abide the ultimate result of the trial.

Banerjee, J.:— I concur.