BRAHM PARKASH vs MANBIR SINGH AND OTHERS

The Supreme Court held that under Section 56 of the Transfer of Property Act, a purchaser who is also a mortgagee of other properties is not automatically disentitled to marshalling. The court ruled that MG, as a mortgagee and subsequent purchaser, was entitled to have the mortgage debt satisfied from property A, which was not sold to him. The court clarified that the question of prejudice to the appellant is a factual matter and not a legal one, thus allowing MG's claim for marshalling.