cover image: The Calcutta Weekly Notes  Monday  April 8  1907

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The Calcutta Weekly Notes Monday April 8 1907

1907

THE QUESTION OF THE LIABILITY OF A. TO P. Dpends upon the nature of the right of P. arising out of the contract. [...] As long as the Court has before it the concluded agreement of the parties and the admission not rebutted 131 other evidence that the consideration mentioned in the sale deed had been paid and received there is no reason why the Court should look further and ascertain what the value of the property is by a consideration of the annual profits. [...] 1 omitted to make the Plaintiff a party to the suit though he was fully aware after the litigation of 1894 that he was a purchaser of a share of the tenure and obtained a decree behind the Plaitiff's back with the fraudulent intention of depriving the Plaintiff of the rights which he had purchased. [...] 12 of the Bengal Tenancy Act is to give the landlord notice of the transfer by sale gift or usufructuary mortgage of the whole or any portion of a tenure and it was fulfilled when the suit was brought by the Plaintiff and other tenants against the landlord in 1894 and when the decree was obtained against him in the rent suit. [...] 88 is to save the landlord from any diminution in the value of the security for the due payment of his rent and the result of it is that the landlord is entitled to recover the rent from the transferror and transferree together and is not bound to recognize a division of the holding which would result in his having to recover a certain shale of the rent from the transferror and another share from
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday April 8 1907
cxli-cxliv unknown view

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