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 April 15 1912

IN THE CASE OF Radha Kant Chuckerbutty v. Ramananda Shaha reported at 16 C. W. N. 476 it has been ruled that a purchaser of a non-transfeable occupancy holding who has obtained the lanlord's consent to the transfer and obtained a fresh settlement from him is estopped from questioning the validity of a mortgage of the holding by the transferor on the ground of non-transferability of the ho [...] He did not know a better or more concise statement of the law than that of Sir John Leach in Watkins v. Cheek (a S. and S. 199) where he said :— So a mortgagee or purchaser frotn the executor of a part of the personal property of the testator has a right to infer that the executor is in the morgage or sale acting fairly in the execution of his duty and is not bound to inquire as to the deb [...] That seemed to him to be the plain meaning of the transaction on the assumption that the Plaintiff knew that the son was under age ; and it followed that in his opnion the father acted as principal and incurred liability as principal. [...] D. at p. 455) :— The object of the dicipline enforced by the Court. is not to vindicate the dignity of the Court or the person of the Judge but to prevent undue interference with the satisfaction of justice." Here it was said that the applicants being creditors and having the right to appear at Mr. [...] Reid—That though a transfer in invitum did not come within the operation of such a clause the practical result was that the voluntary act of the lessees in executing the simple mortgage which by reason of their default resulted in the transfer brought the transaction within the operation of that clause.