cover image: Selection of Leading Cases for the use of B.L. Students - Transfer of Property (Supplementary Cases)

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Selection of Leading Cases for the use of B.L. Students - Transfer of Property (Supplementary Cases)

1917

As regards the conveyance executed in favour of Lala Hakim LA the Subordinate Judge found upon the evidence that the consideration recited in the document was genuine but he set aside the conveyance on the ground that it had not been executed bond fide and that the effect of it had been to delay if not to defeat the creditors of the transferor. [...] In support of his first contention it has been argued by the learned vakil for the appellants that the suit was in substance one under section 283 of the Civil Procedure Code that the object of it was to establish the right which the plaintiffs claimed unsuccessfully in the execution proceedings and that the only ground upon which they impeached the validity of the conveance was that it was w [...] The third ground taken on behalf of the appellant was that as the transfer was for adequate consideration as it was not a mere cloak for the ultimate benefit of the transferor himself and as most of the debts which were satisfied out of the considertion for the deed were secured by mortgages the transaction is not voidable under section 53 of the Transfer of Property Act. [...] raged pr.perty he canot proceed tb sell it ; he must bring a suit upon the mortgage against all the parties interested in the equity of redemption and the decree in such suit should be not for the sale of the equity of redemption but for the sale of the property free from the mortgage claim of the plaintiff and the sale proceeds should he applied in the first instance to the discharge o [...] The view taken in these cases is unquestionably right for if the object of section 99 of the Transfer of Property Act is to render it impossible that there should be a sale of the mortgaged property save by the institution of a suit under section 67 the provisions of the section would be rendered absolutely nugatory if objection taken before the sale by a person interested in the equity of re
law
Pages
97
Published in
India
SARF Document ID
sarf.144461
Segment Pages Author Actions
Frontmatter
i-iii unknown view
Hakim Lal V. Mooshahar Sahu
1-18 unknown view
Ashutosh Sikdar V. Behari Lal Kirtania
19-35 unknown view
Gurdeo Singh V. Chandrikah Singh and Chandrikah Singh V. Rashbehary Singh
36-63 unknown view
Shamu Patter Appellant and 1. Abdul Kadir Ravuthan and Others 2. Abdul Rajak Sahib and Others
64-71 unknown view
Jadu Nath Poddar V. Rup Lal Poddar
72-87 unknown view
Petherpermal Chetty V. Muniandy Servai
88-94 unknown view

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