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 Short notes of Important Decisions of other High Courts in India  Monday  June 2  1941

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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 Short notes of Important Decisions of other High Courts in India Monday June 2 1941

1941

The tenure or holding having been in existence at the time the second suit was brought and also at the date of the decree therein the decree in such 109cx SHE MOUT_TA WITELY NOTES rvor a case is a decree for arrears of rent; and the tenure or holding having been sold off before the second execution was started the landlord has no tenure or holding to prceed against. [...] The new section contemplates the case of a decree for " arrears of rent " as it starts with the expression and in the second case stated above the decree can hardly be said to be a decree for f` arrears of rent." One of the essential conditions of a decree for arrears of rent is that there must be the relation of landlord and tenant between the Plaintiff and the Defendant at the date of the suit [...] I am not umindful of the expression " whether having the effect of a rent decree or money decree " found in the section as consideration of the expression will arise only in the case of a decree for arrears of rent that is after the first premise is satisfied. [...] Although the date of the decree is not the date of the birth of the liability still it being the date of its transformation a fresh liability is incurred as soon as the decree is passed. [...] In every case it must be essentially a question of constrution of the decree but unless the contrary appears we think the ordinary rule should be that when a charge is created by act of parties the specification of the particular fund or property negatives a personal liablity and the remedy of the holder of the charge is against the property charged only or at any rate against the property c
law
Pages
4
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India
SARF Document ID
sarf.100104
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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 Short notes of Important Decisions of other High Courts in India Monday June 2 1941
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