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Murli Rai and ors. Vs. Ledri and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All851
AppellantMurli Rai and ors.
RespondentLedri and anr.
Excerpt:
landholder and tenant - mortgage by conditional sale of occupancy rights to zamindar--act xviii of 1873 (n.w.p. rent act), section 9--act xii of 1881 (n.w.p. rent act), sections 2, 9. - straight, j.1. for the purpose of answering this reference, it does not appear necessary to deal with, or to discuss the propriety of the judgment of the full bench in umrao begam v. the land mortgage bank of india i.l.r. 2 all. 451. the ground upon which i think that the reference should be answered is, that the terms of the judgment of the full bench in naik ram singh v. murli dhar i.l.r. 4 all. 371 are directly applicable to the present case; and i am of opinion that we ought not to hold that the transaction of mortgage, which was subsequently to become a sale, was a transaction to which section 2 applied, because the sale would not have effect till after the act came into operation.petheram, c.j., brodhurst and tyrrell, jj.2. concurred.
Judgment:

Straight, J.

1. For the purpose of answering this reference, it does not appear necessary to deal with, or to discuss the propriety of the judgment of the Full Bench in Umrao Begam v. The Land Mortgage Bank of India I.L.R. 2 All. 451. The ground upon which I think that the reference should be answered is, that the terms of the judgment of the Full Bench in Naik Ram Singh v. Murli Dhar I.L.R. 4 All. 371 are directly applicable to the present case; and I am of opinion that we ought not to hold that the transaction of mortgage, which was subsequently to become a sale, was a transaction to which Section 2 applied, because the sale would not have effect till after the Act came into operation.

Petheram, C.J., Brodhurst and Tyrrell, JJ.

2. Concurred.


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