Rego Vs. Abbu Beari

Rego vs Abbu Beari

Type Court Judgment Court Chennai Decided Nov 23, 1897

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Citation: sooperkanoon.com/790100
Court: Chennai
Judge: Shephard; and Subramania Ayyar, JJ.
Decided On: Nov 23, 1897
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

Limitation Act - Act XV of 1877, Schedule II, Article 134--Sale by mortgagee as owner. -

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Rego

Respondent

Abbu Beari

Legal References

Reported In: (1898)ILR21Mad151

Excerpt

limitation act - act xv of 1877, schedule ii, article 134--sale by mortgagee as owner. - 1. inasmuch as the plaint alleges that the original transaction was a mortgage and that was not denied by the defendant, we must treat it as such. it is contended that, as the mortgagee purported to transfer a title acquired since the mortgage and independently of it, the case is not governed by article 134 of the schedule to the limitation act. in effect the defendant's vendor purported to transfer the full ownership, when in point of law he had only a mortgage right to transfer. this is exactly the case for which the article is provided.2. we must dismiss the appeal with costs.

Full Judgment

1. Inasmuch as the plaint alleges that the original transaction was a mortgage and that was not denied by the defendant, we must treat it as such. It is contended that, as the mortgagee purported to transfer a title acquired since the mortgage and independently of it, the case is not governed by Article 134 of the schedule to the Limitation Act. In effect the defendant's vendor purported to transfer the full ownership, when in point of law he had only a mortgage right to transfer. This is exactly the case for which the Article is provided.

2. We must dismiss the appeal with costs.

Same Parties Rego vs Abbu Beari Same Subject Property Same Judge Shephard; and Subramania Ayyar, JJ.

Property