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Umade Rajuha Raje Damara Kumara Muddu Venkatappa Naidu Baharuvaru, Zamindar of Kalahasti Vs. Venkatapa - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1896)6MLJ704
AppellantUmade Rajuha Raje Damara Kumara Muddu Venkatappa Naidu Baharuvaru, Zamindar of Kalahasti
RespondentVenkatapa
Excerpt:
- 1. the suit was brought upon a bond executed to the late zamindar of kalahasti for an arrear of rent due for a previous fusli and it is argued that the sum due under the bond is not a debt but rent within the meaning of section 4, sub-section 2 of the succession certificate act. we are not able to accept the argument. the debt is now due upon the bond and is not rent. the character must be determined by the promise contained in the document and not by the consideration recited for the promise. the petition is dismissed.
Judgment:

1. The suit was brought upon a bond executed to the late Zamindar of Kalahasti for an arrear of rent due for a previous fusli and it is argued that the sum due under the bond is not a debt but rent within the meaning of Section 4, Sub-Section 2 of the Succession Certificate Act. We are not able to accept the argument. The debt is now due upon the bond and is not rent. The character must be determined by the promise contained in the document and not by the consideration recited for the promise. The petition is dismissed.


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