224 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Occupation of tenant as Constructive Notice
Where land is in the occupation of some one other than the vendor, the fact of the occupation gives the purchaser constructive notice of any right of the occupying tenant.
It will not amount to notice of a third person’s right—9. Moo. P. C. 18.
We now come to the parol evidence of notice. Upon this subject the rule is settled, that a purchaser is not bound to attend to vague rumours about purchaser—to statements by mere strangers, but that a notice in order to be binding must proceed from some person interested in the property—
R. 3 Ch. App. 488 Lloyd vs. Banks Carries j—1868
If he attempts to prove knowledge of the trustee Aliunde, the difficulty which this Court always feel in attending to what are called casual conversations or in attending to any kind of intimation which will put the trustee in a less favourable position as regards his mode of action than he would have been in if he had got a distinct and clear notice from the incumbrances. At the same time I am bound to say that I do not think it would be consistent with the principles upon which this Court has always proceeded, or with the authorities which have been referred to, if I were to hold that under no circumstances could a trustee without express notice from the incumbrancer be fixed with knowledge of the incumbrance. — Illus.: 9 Moo. P. C. 18 Barnhart vs. Greenshields.
Where it was held that vague reports from persons not interested in the property will not affect the purchaser’s conscience.
Should notice be directly from the Incumbrancer ?
A purchaser cannot safely disregard information, from whatever source it may come. It is of such a nature that a reasonable man of business would act upon that information even if it came from a news-paper report. S. R. 3 Ch. App. 488 1868
Registration
The registration of any instrument or matter required or authorized to be registered by law is to be deemed to constitute