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Sada Sukh and ors. Vs. Allah Bakhsh - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All182
AppellantSada Sukh and ors.
RespondentAllah Bakhsh
Excerpt:
mortgage by conditional sale - interest--foreclosure. - - whatever claim the respondents may have against their mortgagors for compensation or damages by way of interest in consequence or the failure to get possession under the contract, they have none enforceable in this respect against the land which has passed free from charge for interest to the appellant by purchase......from charge for interest to the appellant by purchase. the appeal must prevail, and is decreed with.....
Judgment:

Brodhurst and Tyreell, J.

1. The ruling in the Full Bench case of Rameshar Singh v. Kanahia Sahu I.L.R. 3 All. 653 the principle of which was adopted in the case of F.A. No. 37 of 1885, determined here on the 27th January 1886, is altogether in point, the case of the present appellant being even stronger than that of the Full Bench ruling above cited. In the contract made between the vendor and the respondents on the 27th May 1872, it was expressly agreed that no interest was exigible or payable under the conditional sale-deed. Whatever claim the respondents may have against their mortgagors for compensation or damages by way of interest in consequence or the failure to get possession under the contract, they have none enforceable in this respect against the land which has passed free from charge for interest to the appellant by purchase. The appeal must prevail, and is decreed with costs.


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