State Bank of India v Sood and others
Language: English Series: All England Law Reports ; [1997] 1 All ER 169-182(14)Publication details: 1997Subject(s): Summary: CA 30 October 1996. The defendants were involved in a case concerning proceedings issued by the plaintiff bank against them and others, seeking possession of mortgaging land used as security for discharge of present and future liabilities. They claimed to be beneficiaries under a trust for sale, asserting that their equitable interests and occupation of the property gave them overriding interests under the Land Registration Act 1925 s70(1)(g) which were binding on the plaintiff. The bank applied to strike out this defence, contending that any equitable interests had been overreached under the Law of Property Act 1925 s2(1)(ii). This was initially granted but then overturned. The bank`s appeal against this decision is allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS56528 (Browse shelf(Opens below)) | 1 | Available | 24305-1001 |
CA 30 October 1996. The defendants were involved in a case concerning proceedings issued by the plaintiff bank against them and others, seeking possession of mortgaging land used as security for discharge of present and future liabilities. They claimed to be beneficiaries under a trust for sale, asserting that their equitable interests and occupation of the property gave them overriding interests under the Land Registration Act 1925 s70(1)(g) which were binding on the plaintiff. The bank applied to strike out this defence, contending that any equitable interests had been overreached under the Law of Property Act 1925 s2(1)(ii). This was initially granted but then overturned. The bank`s appeal against this decision is allowed.