cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  July 11  1910

Premium

20.500.12592/pkt3n1

The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 11 1910

1910

A second suit for redemption brought after the failure of the mortgagor to fulfil the conditions of the decree is not barred if the decree in the first suit did not contain any stipulation that on failure of the mortgagor to fulfil the conditions the property would be sold or he would be debarred from redeeming the property. [...] [Loki) MACNAGHTEN.—Where is that in the Act ?] It comes in the Act by the use of the term : "to recover possession of immoveable property purchased from the trustee or morgagee." I understand the decision of their Lorships to mean this : " that the ownership of the property sold has been absolutely transferred from the vendor to the purchaser." [LORD MACNAGHTRN.—Then if you purchase a leas [...] The conveyance was not executed and the Court passed the following order in the case The second party has not up to date satisfied or paid up the dues of the other side failing which the Will propounded by her would be ineffectual and the Plaintiff would recover possession of the prperties covered by the Will. [...] The Court held that the relationship of landlord and tenant was not made out but in arriving at that conclusion held that the lands were not the mal of the Plaintiffs but the lakheraj of the Defendants. [...] In this case the issue expressly set out for decision was whether the reltion of landlord and tenant existed between the parties ? The first constituent of the relationship of landlord and tenant is that the land should be the mal land of the Plaintiff and the Defendant should hold the same under the Plaintiff.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 11 1910
ccxli-ccxlviii unknown view

Related Topics

All