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Vataka Chathilingath Thavazhi Karnavan and Manager Sankaran Nair Vs. Ramaswamy Pattar and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.984a
AppellantVataka Chathilingath Thavazhi Karnavan and Manager Sankaran Nair
RespondentRamaswamy Pattar and ors.
Cases Referred and Arunachala Aiyar v. Ramasami Aiyar
Excerpt:
transfer of property act (iv of 1882), section 55(2) - sale of interest not larger than actually possessed--eviction of vendee by superior landlord--vendor, whether liable for breach of covenant for title. - scott, c.j.1. we take it that the conclusion of the learned judge of this court, from whose decision this letters patent appeal has been filed, is that on the true construction of exhibit i, what was professed to be conveyed was a title whose existence was contingent on the pleasure of the jenimi. if so, the interest which the seller 'professed' to transfer was not larger than what he actually possessed and hence the covenant mentioned in clause (2) of section 55 of the transfer of property act was not broken and the learned judge rightly (if we may say so with respect) distinguished the cases subbaraya reddiar v. rajagopala reddiar 23 ind. cas. 570; (1914) m.w.n. 376 and arunachala aiyar v. ramasami aiyar 25 ind. cas 6; 1 l.w. 849.2. we dismiss the appeal with costs.
Judgment:

Scott, C.J.

1. We take it that the conclusion of the learned Judge of this Court, from whose decision this Letters Patent Appeal has been filed, is that on the true construction of Exhibit I, what was professed to be conveyed was a title whose existence was contingent on the pleasure of the jenimi. If so, the interest which the seller 'professed' to transfer was not larger than what he actually possessed and hence the covenant mentioned in Clause (2) of Section 55 of the Transfer of Property Act was not broken and the learned Judge rightly (if we may say so with respect) distinguished the cases Subbaraya Reddiar v. Rajagopala Reddiar 23 Ind. Cas. 570; (1914) M.W.N. 376 and Arunachala Aiyar v. Ramasami Aiyar 25 Ind. Cas 6; 1 L.W. 849.

2. We dismiss the appeal with costs.


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