The Calcutta Law Journal Short Notes of Cases Articles and other Matters June 16th 1933

A sum of money was borrowed by N from C on a promissory note executed in Bombay and N deposited with C the title deeds of a house of N which was situated in a Native State as security. [...] A suit was brought by C to recover the loan by sale of the house and N resisted the claim that the Transfer of Property Act was not applicable as the house was located outside British India. [...] Held (per Eania J.) that the Transfer of Property Act is to be construed irrespective of the fact whether the property is inside or outside British India or whether the property is situate in a province to which the Act applies or not. [...] Held (per Beafjey C. F. Ayjar and Cornish f.) that the income derived from the lease of the right to fish was not agricultural income within the Meaning of section a(r) (a) and was therefore not exempt from tax under s.2ction 4(3) (VIII) of the Indian Incomtax Act. [...] It was contended on behalf of the mortgagor that this resulted in the dismissal of the suit itself and a fresh application was barred.