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Muthu Hengsu Vs. Netravathi Naiksavi - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in58Ind.Cas.383
AppellantMuthu Hengsu
RespondentNetravathi Naiksavi
Cases ReferredDefrres v. Milie
Excerpt:
transfer of property act (iv of 1882), section 8 - immoveable property, transfer of--transferee, riqht of, to profits prior to transfer. - 1. we agree with the find, logs of the lower appellate court except as to the profits which accorder before the assignment of 20th july 1915. section 8 of the transfer of property act provides that on a transfer of property, the legal incidents of the transferor's interest, which are to pass, shall include the rents and profits due after the transfer. in kocharla seetamma v. pillala venkatarammanayya 21 lnd cas. 387 it was held that a transfer of a claim to pass profits was invalid: and this is in accordance with english authority: defrres v. milie (1918) 1 ch. d 98 .2. we must, therefore, allow the appeal, reduce the amount decreed by rs. 62, and confirm the decree in other respects. parties will pay: and receive proportionate costs throughout.
Judgment:

1. We agree with the find, logs of the lower Appellate Court except as to the profits which accorder before the assignment of 20th July 1915. Section 8 of the Transfer of Property Act provides that on a transfer of property, the legal incidents of the transferor's interest, which are to pass, shall include the rents and profits due after the transfer. In Kocharla Seetamma v. Pillala Venkatarammanayya 21 lnd Cas. 387 it was held that a transfer of a claim to pass profits was invalid: and this is in accordance with English authority: Defrres v. Milie (1918) 1 Ch. D 98 .

2. We must, therefore, allow the appeal, reduce the amount decreed by Rs. 62, and confirm the decree in other respects. Parties will pay: and receive proportionate costs throughout.


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