AIR 1949 PATNA 99

Patna High Court

Hon'ble Judge(s): Imam, Narayan , JJ

(A) Transfer of Property Act (4 of 1882) , S.63— "Accession" - Meaning and tests. The word 'accession' has not been defined in the T. P. Act. In Roman law accessio is the general name given to every accessory thing, that has been added to a principal thing from without and has been connected with it, whether by the powers of nature or by the will of man, so that in virtue of this connection it is regarded as part and parcel of the thing. The question whether particular thing can be regarded as a part and parcel of another thing has to be decided in the light of various facts, in some cases upon the intention of the parties and in some upon the law applicable thereto and in some upon both.(Para 3) Annotation. - ('45-Com.) T. P. Act, S. 63 N. 1. (B) Transfer of Property Act (4 of 1882) , S.63— Accretion to mortgaged property - Test to determine is whether mortgagee availing himself of his position as such has gained advantage in derogation of rights of other persons interested in that property. The question whether a property acquired by a mortgagee in possession is an accretion to the mortgaged property or not depends upon the entire facts and circumstances of the case. If it appears that by reason of his position as a mortgagee....