||All England Reporter
|| All ER (D) 29 (Feb)
|| EWCA Civ 51
||Court of Appeal, Civil Division
Maurice-Kay, Thomas and Etherton LJJ
||Jonothan Gavagnam and John Bankes-Jones (instructed by Grower Freeman) for the appellant.
||Paul Clarke (instructed by Rippon, Patel and French) for the respondents.
||18 January 2011
Possession - Mortgaged property - Action by mortgagee for possession - Bank claiming possession of property pursuant to legal mortgage - Appellant contending to occupy property pursuant to tenancy - Judge finding appellant not having tenancy and making possession order in favour of bank - Whether judge erring.
Possession Mortgaged property. The Court of Appeal, Civil Division, held that in proceedings concerning a mortgage possession action, the judge had been correct in holding that the appellant had not been granted a tenancy and in making a possession order in favour of the bank.
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