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Palliyil Chundethodiyil Karnavan and Manager Narayaniamma's son Krishna Nair Vs. Kizhakke Vellat Kundu Nair (25.03.1912 - MADHC) - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in16Ind.Cas.109
AppellantPalliyil Chundethodiyil Karnavan and Manager Narayaniamma's son Krishna Nair
RespondentKizhakke Vellat Kundu Nair
Excerpt:
transfer of property act (iv of 1882), section 55, sub-section 4 clause (b) - exchange--charge--no charge on property exchanged for money due. - 1. we do not think that the principle of section 55, sub section 4 (b) of the transfer of property act, can be applied to the case of an exchange like the present. the plaintiff, therefore, has no charge upon the property exchanged and the decree must be a decree for four hundred rupees to be recovered from the assets of korukutti nayar, the provisions for sale of specific property being struck out. we modify the decree accordingly and direct each party to bear his own costs in this court.
Judgment:

1. We do not think that the principle of Section 55, sub Section 4 (b) of the Transfer of Property Act, can be applied to the case of an exchange like the present. The plaintiff, therefore, has no charge upon the property exchanged and the decree must be a decree for four hundred rupees to be recovered from the assets of Korukutti Nayar, the provisions for sale of specific property being struck out. We modify the decree accordingly and direct each party to bear his own costs in this Court.


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