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Son fraudulently executed a mortgage of the property belonging to his father. The mortgagee filed a suit to enforce the mortgage. During the pendency of

Son fraudulently executed a mortgage of the property belonging to his father. The mortgagee filed a suit to enforce the mortgage. During the pendency of suit , the father died and the son acquired interest as his heir. The issue before the court was whether the mortgagee could claim protection under section 43 of TPA? Decide with the help of relevant cases and provisions while evaluating in the light ofspes successions and feeding of the grant by estoppel.

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