Court : Chennai
Decided on : Feb-14-1895
Reported in : (1895)ILR18Mad454
..... debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer; and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.] [in (1906) p.r. 1 it was observed, 'in 18 mad., 454 the original bond was ..... sold is the debt and bot the chargeon property. what is assigned is an interest in immoveable property within the meaning of section 17(b) of the registration act.'] [section 54: 'sale' is a transfer of ownership in exchange for'sale' defined. a price paid or promised or part-paid and part-promised. ..... sales of the value of rs. 100 and upwards. the effect of this was to preserve the distinction created by sections 17 and 18 of the registration act, and section 54 was no doubt enacted with reference to those provisions.4. it would be very anomalous if the transfer of an hypothecation should require ..... i.l.r. 2 bom. 97.2. though it is true that the term 'other intangible thing' in section 54 of the transfer of property act might include a charge, the expression must be construed with reference to its context and to the heading of the chapter. the chapter relates to 'sales of immoveable ..... assignee will be entitled to a personal decree for the debt as well as to the charge. under section 8 of the transfer of property act, the operation of the transfer of the debt is to pass to the transferee the securities for the debt, but what is sold is primarily not the .....Tag this Judgment!