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1971 (3) TMI 89 - SC - Indian LawsWhether the appellants in that case were purchasers for value without notice? Whether the purchaser in not doing so he acted with wilful abstention or gross negligence? Held that:- Appeal dismissed. Question of constructive notice is a question of fact and it is not find that the material on the present record justifies that the plaintiff should be fixed, with any constructive notice of the arrears of municipal taxes. As the question of constructive notice has to be approached from equitable considerations we feel that the municipal corporation in the present case was far more negligent and blameworthy than the plaintiff. Therefore, no hesitation in holding that the High Court took the correct view of the legal position with the result that this appeal must fail and is dismissed. As there is no representation on behalf of the respondent there will be no order as to costs.
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