Skip to content


Aziman Bibi and anr. Vs. Amir Ali and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All343
AppellantAziman Bibi and anr.
RespondentAmir Ali and ors.
Excerpt:
pre-emption - mortgage by conditional sale--wajib-ul-arz--'transfer'--act iv of 1883 (transfer of property act), section 58. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are.....w. comer petheram, c.j.1. the sole question in this case is, whether this deed of conditional sale included a transfer of an interest hi the property, and reference need only be made to section 58 of the transfer of property act, which defines every mortgage as including a tranfer of an interest in the property hypothecated for the purpose of a security. a deed of conditional sale of this kind is a mortgage, and some interest in the property is transferred. this is sufficient to let in the right of pre-emption, and it is not necessary that there should be a transfer of possession. on this point we hold that the recent decision of the full bench in sheoratan kuar v. mahipal knar ante p. 258 is binding upon us, and the result is that this appeal must be allowed with costs.
Judgment:

W. Comer Petheram, C.J.

1. The sole question in this case is, whether this deed of conditional sale included a transfer of an interest hi the property, and reference need only be made to Section 58 of the Transfer of Property Act, which defines every mortgage as including a tranfer of an interest in the property hypothecated for the purpose of a security. A deed of conditional sale of this kind is a mortgage, and some interest in the property is transferred. This is sufficient to let in the right of pre-emption, and it is not necessary that there should be a transfer of possession. On this point we hold that the recent decision of the Full Bench in Sheoratan Kuar v. Mahipal Knar ante p. 258 is binding upon us, and the result is that this appeal must be allowed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //