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indra NaraIn Das and anr. Vs. Badan Chandra Das and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in47Ind.Cas.340
Appellantindra NaraIn Das and anr.
RespondentBadan Chandra Das and ors.
Excerpt:
vendor and purchaser - stipulation in conveyance that on purchaser being dispossessed vendor would not be liable--purchaser, failure of, to get possession--refund of purchase-money, suit for. - walmsley, j.1. the plaintiff-appellant made a speculative purchase of the land from the first defendant. the latter protected himself by inserting a clause in the kobala to the effect that if the plaintiff-purchaser was dispossessed by anybody other than the vendor, the vendor would not be liable to the purchaser. the learned subordinate judge held that effect should be given to the saving clause, and i think he was correct. the appeal is dismissed with costs--one set to the defendant no. 1 and one set to the defendant no. 4, who appear by different vakils.panton, j.2. i agree.
Judgment:

Walmsley, J.

1. The plaintiff-appellant made a speculative purchase of the land from the first defendant. The latter protected himself by inserting a Clause in the kobala to the effect that if the plaintiff-purchaser was dispossessed by anybody other than the vendor, the vendor would not be liable to the purchaser. The learned Subordinate Judge held that effect should be given to the saving clause, and I think he was correct. The appeal is dismissed with costs--one set to the defendant No. 1 and one set to the defendant No. 4, who appear by different Vakils.

Panton, J.

2. I agree.


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