cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and other Matters  16th June  1929

Premium

20.500.12592/pkt7c6

The Calcutta Law Journal Short Notes of Cases Articles and other Matters 16th June 1929

1929

In the case quoted above Lord Blackburn at p. 489 remarked that the result of the introduction of the doctrine of part performance has been the addition of the following woods to the Statute viz " or unless possession of land shall be given and accepted." His Lordship remarked that if the matter had been re: integra he would have refused to interpolat% those words but that the matter was no [...] But their Lordships did not decide the case on the ground of part peformance and must be understood to have laid down that where writing is necessary for the purpose of proving a contract in a court of law the defect of its absence may be cured if that contract has been acted upon provided the validity of the contract itself did not depend on the writing. [...] Walsh J. decided the case against the plaintiff on the doctrine of part performance but the other learned Judge Piggott J. held that the plaintiffs although they could still call themselves the owners of the property were bound by the agreement not to eject. [...] The Privy Council held that the Bombay High Court ere in error and that "the error arose from the learned Judges having appreciate) that the positive language of the section" (section Y of the Transfer of Property Act which said that on execution of an instrument in writing the title would pass) "preclded the application in India of the principles of English law on which they based their decis [...] law and their Lord hips remarked :—"In the English Courts a contract for sale of real property makes the purchaser the owner in equity of the estate and from.this principle it follows that where the rights as to payment of interest on the purchase money are not regulated by the terms of the contract the purchaser is deemed to be entitled to the rele/s and profits of the property as from the t
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal Short Notes of Cases Articles and other Matters 16th June 1929
47-54 Ashutosh Mukerji, Ramendra Majumdar view

Related Topics

All