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Rajanikanth Nag Rai Chowdhuri Vs. Hari Mohan Guha and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal470
AppellantRajanikanth Nag Rai Chowdhuri
RespondentHari Mohan Guha and ors.
Excerpt:
transfer of property act (iv of 1882), section 135 - right of suit--suit to set aside a document--actionable claim. - cunningham, j.1. we think that under the circumstances of this case the court below was right in holding that what the plaintiff purchased was an actionable claim. it appears to have been merely a right to set aside a document on the ground that the person by whom it was executed exceeded his powers. without going any further, therefore, into the question of the meaning of those words under the transfer of property act, we consider at any rate that they cover such a right as the one now in question. the appeal must, therefore, be dismissed with costs.
Judgment:

Cunningham, J.

1. We think that under the circumstances of this case the Court below was right in holding that what the plaintiff purchased was an actionable claim. It appears to have been merely a right to set aside a document on the ground that the person by whom it was executed exceeded his powers. Without going any further, therefore, into the question of the meaning of those words under the Transfer of Property Act, we consider at any rate that they cover such a right as the one now in question. The appeal must, therefore, be dismissed with costs.


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