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Thakur Das and ors. Vs. Chunni - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All126
AppellantThakur Das and ors.
RespondentChunni
Excerpt:
.....dongre, 1993 mah. lj 74; 1993 lab ic 1858 overruled]. -- maharashtra employees of private schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional..........so far as it is in defeazance of the mortgagee's rights. in the present case the mortgagees have obtained a decree for the sale of the estate in satisfaction of the loan. the existence of the lease may induce purchasers to offer a less price of the property than they would offer if they could obtain immediate possession. on the other hand, the lease may be an arrangement highly beneficial to the owner of the estate and thus a substantial increment to its value. the mortgagees will have obtained all that in equity they are entitled to, if the court gives them a declaration that the lease will not be binding on a purchaser in execution of the decree, unless he desires its continuance. the decrees of the courts below will be modified accordingly, but as the appeal substantially fails, we.....
Judgment:

1. The lease is not a lease merely for agricultural purposes, but a transfer of the interest of the proprietor for a term of years. Is it a violation of the condition against alienation? It has been held that such conditions are introduced to protect the lien created by the mortgage, and that a transfer made in contravention of the condition is not absolutely void, but voidable so far as it is in defeazance of the mortgagee's rights. In the present case the mortgagees have obtained a decree for the sale of the estate in satisfaction of the loan. The existence of the lease may induce purchasers to offer a less price of the property than they would offer if they could obtain immediate possession. On the other hand, the lease may be an arrangement highly beneficial to the owner of the estate and thus a substantial increment to its value. The mortgagees will have obtained all that in equity they are entitled to, if the Court gives them a declaration that the lease will not be binding on a purchaser in execution of the decree, unless he desires its continuance. The decrees of the Courts below will be modified accordingly, but as the appeal substantially fails, we must order the appellant to bear the respondents' costs.


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