cover image: Selection of Leading Cases-Law of Transfer Inter Vivos

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Selection of Leading Cases-Law of Transfer Inter Vivos

1908

In both these cases the doctrine really was that pending a litigation the defendant cannot by alienation affect the rights of the plaintiff to the property in dispute and the same principle is applicable against a plaintiff so as to prevent him from alienating to the prejudice of the defendant where from the nature of the suit he may have in the result a right against the plaintiff as on a [...] The only /isn'dens at the time when the mortgage to Brickenden and Good was made was the suit instituted by Francis Bellamy the heir of Edward Bellamy against the now plaintiff John Bellamy and against Sabine and other parties for the purpose of setting aside the agreement of the 8th of June 1827 by which John Bellamy sold to Edward Bellamy and the agreement of the 21st of June t827 [...] The defendant admitted that he was in possession of the property but alleged that the relation of landlord and tenant did not exist between him and the plaintiff ; that the plaintiff had never taken possession of the property which he purchased ; that it was morgaged to the defendant and that the defendant obtained a decree for the money due on the mortgage and purchased the property himself [...] The mortgagors were bound by the prceedings in that suit including the attachment the order for sale and the order of the Court confirming the sale; and if the plaintiff is bound by them the defendant will have a good title against him in the same manner as he would have against the mortgagors whose interest the plaintiff purchased. [...] Where the transferee is a creditor of the transferor and accepts the transfer in satisfaction of the debt due to him though with the knowledge that bis doing so has the effect of defeating other creditors of the transferor the transfer may come within the last paragraph of section 53 of the Transfer of Property Act.
law
Pages
110
Published in
India
SARF Document ID
sarf.144484
Segment Pages Author Actions
Frontmatter
i-iii unknown view
Bellamy V. Sabine [ Reported in De G. & j. 566 ]
1-13 unknown view
Rajkishen Mookerjee V. Radha Madhub Holdar [Reported in 21 W. R. 349.]
14-19 unknown view
Ishan Chunder Das Sirkar V. Bishu Sirdar [Reported in I.I.R. 24 Calc. 825]
20-24 unknown view
Chandi Churn Barua V. Sidheswari Debi [Reported in I.L.R. .I6 Calc. 71; L.R. 15 I.A. r49.]
25-29 unknown view
Raja Kishendatt Ram V. Raja Mumtaz Ali Khan [Reported in I.L.R. 5 Calc. . 198 ; L. R. 6 I. A. 145]
30-39 unknown view
Gokaldas Gopaldas V. Puranmal Premsukhdas [ Reported in 10 Calc. 1035]
40-45 unknown view
Mohesh Lal V. Mohant Bawan Das [Reported in I.L.R. 9 Calc. 961 ; L.R. 10 I.A. 62]
46-55 unknown view
Noakes & Co. Limited V. Rice [ Reported in (1902) A.C. .24]
56-64 unknown view
Lala Achal Ram V. Kazim Husain Khan ( Reported in I.L.R. 27. All. 271; L. R. 32 I. A. 133]
65-69 unknown view
Beni Ram V. Kundan Lal [ Reported in I. L. R. 21 All 496]
70-75 unknown view
Joitaram Ramkrishna V. Ramkrishna Nandlal [ Reported in I. L. R. 27 Bom. 31]
76-83 unknown view
Edward Tailby V. the Official Receiver ( Reported in L. R. 13 App. Cas 523.]
84-107 unknown view

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