Skip to content


Narayana Kaviroyau Vs. Kandasami Gonndan - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1898)8MLJ147
AppellantNarayana Kaviroyau
RespondentKandasami Gonndan
Cases ReferredNathu Valad Pandu v. Bhudu Valad Bhika
Excerpt:
- 1. we are of opinion that the right to possession arose coincidently with the right to the execution of a conveyance by the defendant. both rights are declared under section 55 of the transfer of property act, and in the case cited in nathu valad pandu v. bhudu valad bhika, i.l.r., 18 b., 537. it is admitted that the contract of sale created in the purchaser a right of possession. the decision appears to proceed on the peculiar facts of the case. the district munsif was, therefore, right in his conclusion.2. we must reverse the decree of the district judge and restore that of the district munsif. respondent must pay costs in this and in the lower appellate court.
Judgment:

1. We are of opinion that the right to possession arose coincidently with the right to the execution of a conveyance by the defendant. Both rights are declared under Section 55 of the Transfer of Property Act, and in the case cited in Nathu Valad Pandu v. Bhudu Valad Bhika, I.L.R., 18 B., 537. It is admitted that the contract of sale created in the purchaser a right of possession. The decision appears to proceed on the peculiar facts of the case. The District Munsif was, therefore, right in his conclusion.

2. We must reverse the decree of the District Judge and restore that of the District Munsif. Respondent must pay costs in this and in the lower appellate Court.


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