Marshalling 56

If the owner of two or more properties mortgages them to one person

and then sells one or more of the properties to another person, the
buyer is, in the absence of the contract to the contrary, entitled to have
the mortgaged-debt satisfied out of the property or the properties not
sold to him.

Meaning thereby, agar A ke pass do properties hain or ek jiska naam x

ahi uski kimat 50 lakh hai or dusri Y iski kimat 40 lakh hai. Ab A ,B ko
abni don properties mortgage kar deta hai or B se 45 lakhs le leta hai ,
he further sells the property to C for 42laks . Now, c has the right of
marshalling against B. HE can ask b to make the pament from property
y in order to recover his dept. This can be only claimed if B has not
explicitly mentioned in his contract about any further marshalling or
mortagage of the of properties sold to him by A

When marshalling cannot be exercised

1. When buyer right> subsequent mortgagee right ( the property

coming in B share is insufficient to fulfill his dept)
2. When there has been already any agreement between the first
mortgagor and the mortagagee abt no future marshalling
3.
h