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Mankoothil Chethukutti Nair Vs. Kalyambath Kunhunni Nair and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.171
AppellantMankoothil Chethukutti Nair
RespondentKalyambath Kunhunni Nair and ors.
Cases ReferredAshik Ali v. Mathura Kandu
Excerpt:
lease - conditions as to pre-emption and pre-mortgage in favour of lessor--whether enforceable specifically--transfer of property act (iv of 1832), section 10. - .....arising subsequently except in the case of transferees in good faith without notice.2. the district munsif found that the 5th defendant had notice and there was no appeal on this point.3. in these circumstances, the plaintiff has rightly been allowed to redeem the 5th defendant's mortgage; ashik ali v. mathura kandu 5 a. 187. the second appeal is dismissed with costs.4. as regards the memorandum of objections, the decree must be modified by adding that the plaintiff do recover possession on making the required deposit. there will be no costs.
Judgment:

1. In this case the lease Under the razinama reserved a right of preemption and pre-mortgage. These reservations are, in our opinion, valid conditions tinder Section 10 of the Transfer of Property Act, as being for the benefit of the lessor and are specifically enforceable against the covenantors and persons claiming under them by a title arising subsequently except in the case of transferees in good faith without notice.

2. The District Munsif found that the 5th defendant had notice and there was no appeal on this point.

3. In these circumstances, the plaintiff has rightly been allowed to redeem the 5th defendant's mortgage; Ashik Ali v. Mathura Kandu 5 A. 187. The second appeal is dismissed with costs.

4. As regards the memorandum of objections, the decree must be modified by adding that the plaintiff do recover possession on making the required deposit. There will be no costs.


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