Mumbai Court February 1881 Judgments

Tamaya BIn Annaya Vs. Timapa Ganpaya and

Court: Mumbai

Reported in: (1883)ILR7Bom262

Charles Sargent, Kt., C.J.1. In this case plaintiff had leased his estate in 1871 by a 'mulgeni chitti' to the defendant at a yearly rent of Its. 67. The defendant was then living in union with his brothers, defendants 2 and 3, and acting as manager of the family. The lease contained a clause that the mulgenidar had no right to transfer by mortgage, gift, sale, exchange, or otherwise, but there was no clause providing for the forfeiture of the estate on breach of the covenant. The brothers subsequently became divided in estate, and the land in question was partitioned into three shares. The share of defendant No. 1 was afterwards attached and sold at a Court sale, and purchased by defendant 4. The share of defendant 2 was also sold privately to defendant 5.2. The plaintiff now seeks to recover from the defendants the piece of land demised by the lease, on the ground that the stipulation against alienation has been broken, and also the rent for the year 1879-80 which, he says, he is ent...