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Puttanna and anr. Vs. Korapolu Alias Bhagi Ammal and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.617
AppellantPuttanna and anr.
RespondentKorapolu Alias Bhagi Ammal and ors.
Cases ReferredVide Webb v. Macpherson
Excerpt:
transfer of property act (iv of 1882), section 100 - charge vendor and purchaser--covenant by vendee to a third person a certain quantity of rice annually--whether such third person has a charge on the property sold. - 1. we are of opinion that the plaintiff has no charge upon the property for her maintenance. the sale-deed creates no such charge. it is the seller and not the plaintiff who would have a charge upon the property for any unpaid purchase money. what the plaintiff relies upon is merely a covenant by the vendee with the vendor to pay the plaintiff a certain quantity of rice annually. such a covenant would not give rise to a charge vide webb v. macpherson 31 c.h 57. we, therefore, allow the appeal and dismiss the plaintiff's suit with costs throughout.
Judgment:

1. We are of opinion that the plaintiff has no charge upon the property for her maintenance. The sale-deed creates no such charge. It is the seller and not the plaintiff who would have a charge upon the property for any unpaid purchase money. What the plaintiff relies upon is merely a covenant by the vendee with the vendor to pay the plaintiff a certain quantity of rice annually. Such a covenant would not give rise to a charge Vide Webb v. Macpherson 31 C.h 57. We, therefore, allow the appeal and dismiss the plaintiff's suit with costs throughout.


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