AIR 1929 CALCUTTA 83

Calcutta High Court

Hon'ble Judge(s): B. B. Ghose, Bose , JJ

(A) Transfer of Property Act (4 of 1882) , S.41— 'Reasonable care". Reasonable care is such care as a person of ordinary prudence would take in the absence of some specific circumstances which would have been the starting point of an enquiry which might be expected to lead to some result. (B) Transfer of Property Act (4 of 1882) , S.3— Notice - Constructive-Actual notice of encumbrance or other transaction fixes person with notice of the facts led to by inquiry after charge - Person designedly abstaining from enquiry is fixed with notice. Cases in which constructive notice has been established resolve themselves into two classes: first, cases in which the party charged has had actual notice that the property in dispute was, in fact, charged, encumbered or in some way affected, and the Court has therefore bound him with constructive notice of facts and instruments to a knowledge of which he would have been led by an enquiry after the charge, incumbrance or other circumstance affecting the property of which he had actual notice, and secondly, cases in which the Court has been satisfied from the evidence before it that the party charged had designedly abstained from enquiry for the very purpose of avoiding notice ....