Skip to content


Kuttuva N. Letchumana Bagavathar Vs. Thoppai L. Venkatramaier - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in15Ind.Cas.234
AppellantKuttuva N. Letchumana Bagavathar
RespondentThoppai L. Venkatramaier
Cases ReferredSyed Ajam Sahib v. Ananthanarayana Iyer
Excerpt:
.....conditions as may be deemed proper including condition of deposit. even under section 69 of the transfer of property act, the only remedy of the borrower whose mortgage has invoked section 69 of the transfer of property act, is to file a civil suit and in such suit the court has power to grant injunction and to impose condition for the grant thereof--section 17; [a.p. shah c.j., f.m. ibrahim kalifulla & v. ramasubramanian, jj] proceedings under section 17 power of the tribunal to pass any interim order held, once the possession of the secured asset is taken, there would be no occasion for the tribunal to order redelivery of possession till final determination of the issue. in other words, it is only when the tribunal comes to the conclusion that any of the measures, referred to in.....1. this is a case of transfer by a joint sub-lessee of his interest in the sublease. the transfer is of the 'umari plants now standing or that may hereafter form in the undermentioned villages,' and was, therefore, a transfer of an interest in immoveable property according to the decision in seeni chettiar v. santhanathan chettiar 20 m.l 58. therefore, it can only be made by a registered instrument executed by the transferor. the recent decision in syed ajam sahib v. ananthanarayana iyer 35 m.l 95 : 8 m.l.t. 437 : 8 ind. cas. 668 : 1 m.w.n. 766 : 21 m.l.j. 202 does not apply as the document before us is not a lease, and we are not prepared to extend it. we allow the appeal and restore the decree of the district munsif with costs here and in the lower appellate court.
Judgment:

1. This is a case of transfer by a joint sub-lessee of his interest in the sublease. The transfer is of the 'umari plants now standing or that may hereafter form in the undermentioned villages,' and was, therefore, a transfer of an interest in immoveable property according to the decision in Seeni Chettiar v. Santhanathan Chettiar 20 M.l 58. Therefore, it can only be made by a registered instrument executed by the transferor. The recent decision in Syed Ajam Sahib v. Ananthanarayana Iyer 35 M.l 95 : 8 M.L.T. 437 : 8 Ind. Cas. 668 : 1 M.W.N. 766 : 21 M.L.J. 202 does not apply as the document before us is not a lease, and we are not prepared to extend it. We allow the appeal and restore the decree of the District Munsif with costs here and in the lower Appellate Court.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //