Skip to content


Rego Vs. Abbu Beari - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad151
AppellantRego
RespondentAbbu Beari
Excerpt:
limitation act - act xv of 1877, schedule ii, article 134--sale by mortgagee as owner. - 1. inasmuch as the plaint alleges that the original transaction was a mortgage and that was not denied by the defendant, we must treat it as such. it is contended that, as the mortgagee purported to transfer a title acquired since the mortgage and independently of it, the case is not governed by article 134 of the schedule to the limitation act. in effect the defendant's vendor purported to transfer the full ownership, when in point of law he had only a mortgage right to transfer. this is exactly the case for which the article is provided.2. we must dismiss the appeal with costs.
Judgment:

1. Inasmuch as the plaint alleges that the original transaction was a mortgage and that was not denied by the defendant, we must treat it as such. It is contended that, as the mortgagee purported to transfer a title acquired since the mortgage and independently of it, the case is not governed by Article 134 of the schedule to the Limitation Act. In effect the defendant's vendor purported to transfer the full ownership, when in point of law he had only a mortgage right to transfer. This is exactly the case for which the Article is provided.

2. We must dismiss the appeal with costs.


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