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Authi Kesava Nattan Vs. Saravana Murugesa Naicken and anr. - Court Judgment

LegalCrystal Citation
SubjectContract;Civil
CourtChennai
Decided On
Judge
Reported in2Ind.Cas.435
AppellantAuthi Kesava Nattan
RespondentSaravana Murugesa Naicken and anr.
Excerpt:
madras rent recovery act (viii of 1866) - attempted sale of tenant's holding by the zamindar--payment of rent by mortgagee--liability of tenant in contribution--contract act (ix of 1872), sections 69, 70. - - if so the conditions of section 70 of the indian contract act appear to me to be satisfied.wallis, j.1. i think that in the circumstances of this case the finding that the payment was made bona fide and without collusion is in effect a finding that it was made lawfully. if so the conditions of section 70 of the indian contract act appear to me to be satisfied. i accept the findings and accordingly allow the petition, reverse the judgment of the district judge, and give judgment for plaintiff with costs throughout.
Judgment:

Wallis, J.

1. I think that in the circumstances of this case the finding that the payment was made bona fide and without collusion is in effect a finding that it was made lawfully. If so the conditions of Section 70 of the Indian Contract Act appear to me to be satisfied. I accept the findings and accordingly allow the petition, reverse the judgment of the District Judge, and give judgment for plaintiff with costs throughout.


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