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Veyathen Sridevi Alias Kizhoikki Kovilakath Villa Thamburti Avergal Vs. Lakshimiammal and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1140a
AppellantVeyathen Sridevi Alias Kizhoikki Kovilakath Villa Thamburti Avergal
RespondentLakshimiammal and ors.
Excerpt:
transfer of property act (iv of 1882), section 76 - liability of mortgagee to pay enhanced government revenue--contract to the contrary. - munro, j.1. under section 76 of the transfer of property act, the mortgagee in the absence of a contract to the contrary would be liable to pay the enhanced government revenue. i find no such contract in ex. a. all that can be said is that the parties probably did not anticipate any increase in the government revenue. the fact that the amount of government revenue is mentioned in ex. a cannot make any difference. the government revenue would be the same whether mentioned in ex. a or not. the plaintiff is, therefore, entitled to the amount claimed for enhanced revenue and the lower court's decree will be modified accordingly with costs throughout.
Judgment:

Munro, J.

1. Under Section 76 of the Transfer of Property Act, the mortgagee in the absence of a contract to the contrary would be liable to pay the enhanced Government revenue. I find no such contract in Ex. A. All that can be said is that the parties probably did not anticipate any increase in the Government Revenue. The fact that the amount of Government Revenue is mentioned in Ex. A cannot make any difference. The Government Revenue would be the same whether mentioned in Ex. A or not. The plaintiff is, therefore, entitled to the amount claimed for enhanced Revenue and the lower Court's decree will be modified accordingly with costs throughout.


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