The Calcutta Law Journal Short Notes of Cases Articles and other Matters July 16 1909

M. Planiol who entirely condemns the term abuse of rights and contrary to most authorities will not admit that the legality or illegality of an act can depend on the motive with which it was done nevertheless approves of most of the decisions of the Courts in which the theory of abuse of rights has been applied. [...] He does not dispuete the soundness of most of the results reached ; but is of the opinion that the judgment should have been rested on the non-existence of the right or its noexistence to the extent claimed rather than on a supposed abuse of it. [...] A purchaser sometime before the institution of the suit of a part of the holding applied under sections 311 and 244 of the Code of Civil Procedure for setting aside the sale on the ground of fraud. [...] Is a person who without the landlord’s consent purchases from a raiyat sometime before the institution of the suit for rent a portion of an occupancy holding which is not transferable by local custom or usage entitled to apply under section 244 of the Civil Procedure Code as a representative of the raiyat to have a sale of the holding in execution of a decree for arrears of rent set aside on [...] The petitioners were the members of the second party in a certain dispute for land and the findings of both the lower Courts were that the land was in the possession of the first patty and the petitioners were bound down to keep the peace.