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 December 15 1924

The learned Lord expressed his concurrence in the judgment of Lord Cranworth in the case where the true rationale of the decision was laid down that the ship having been detained for the benfit of the persons exercising the lien " in order the better to enforce the payment of their demand " and not for the benefit of the other party no dock charges could be realised apart from the consolidated [...] This was held to be larceny by a majority of the judges but it was consi dered by some of the judges that the addtional quantity of beans would diminish the work of the men who had to look after the horses and therefore the lueri causa to give themselves ease was an ingredient in the offence. [...] Hence it has been held in the case of Sahadeo Kuldip 18 C. W. N. ccxix (1914) folloing the decision of the Full Bench in Daymayi's case that as in the case of the sale of a part of the holding the landlord is not ordnarily entitled to enter on the portion sold it confers.on the purchaser an interest therein sufficient to entitle him to apply under sec. [...] The execution of the mortgage does not imply a severance of the tenant with the holding for it is on the assumption that the tenancy continues that the mortgagee can have any subsisting interest in the land. [...] But it seems to us that the question of the validity of the purchaser's right as against the landlord before the sale in execution of the rendecteehas no bearing on the present question which implies a rent-sale as a rsult of which the interest in the holding is liable to be avoided.