The Calcutta Law Journal October & November 1930

At the date of the issue of the Third Report of the Real Prperty Commissioners in 1332 conveyancers concerned with the framing of restrictive covenants in connexion with freehold builing plots intended for the erection of houses in squares terraces and crescents as was the fashion of the day were perplexed with the question of how to nuke the covenants effective owing to the circumstanc [...] Farwell J. explaining the rule observes : see no difficulty in hoHing that the benefit of a covenant runs with the land of the covenantee while the buden of the same covenant does not run with the land of the Cove.- nanto03 and he instanced covenants for title where in law the benefit of the covenants runs with the land enabling any owner of land entitled within the terms of the covenants t [...] Rule I. Though there exists no privity of estate between the parties the benefit of a restrictive stipulation may be annexed to one parcel of land and the burden to another parcel and the benefit and burden will pass to the respective assignees of the land subject in the case of the burden to proof that the legal estate in that parcel if acquired was acquired with notice of the restriction. [...] On the 24th of February the Amin reported that the 27th was a Sunday and thereupon the sale was ordered to be held and was actually held on the 28th of February without any notice of the adjournment being given to the parties or any announcement to the effect at the place of sale on the 27th of February. [...] The lower Court dismissed the suit on the ground that the claim to recover the sum due under the note of 1923 was barred on the 5th January 1928 when the present suit was brought as there was no acknowledgement of the debt of 1933 in the promissory note of the 6th January 1925 Held (per Sulaiman and 1/.) that where a pro.