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Issues:
1. Validity of a mortgage involving future income from scavenging work. 2. Entitlement to possession of scavenging rights based on custom. 3. Claim for permanent injunction against obstruction in scavenging work. Issue 1: Validity of Mortgage: The appeal involved a dispute where the respondents borrowed money and hypothecated future income from scavenging work as security. The court examined the legality of mortgaging non-existing property under Indian law. It referenced English law principles but emphasized the prohibition under Section 6(a) of the Transfer of Property Act, stating that the mortgage of future income from scavenging work constituted an expectancy or a possibility, rendering the hypothecation invalid. Issue 2: Entitlement to Scavenging Rights: The appellants claimed possession of scavenging rights based on a custom within the scavenger community in Madras. The court analyzed the nature of the claimed right, emphasizing that it was not a trade or business but rather a right to exclude others from scavenging work. Citing precedents, the court held that such exclusivity was illegal unless falling under recognized exceptions. It concluded that the claimed right was not legally recognizable, as it sought to restrain individuals from pursuing their legitimate calling, and thus, no injunction could be granted. Issue 3: Claim for Permanent Injunction: The appellants sought a permanent injunction to prevent obstruction in scavenging work. The court rejected the claim, stating that damages would suffice as a remedy. It highlighted that the claimed right was unreasonable, potentially leading to an oppressive monopoly. Referring to legal principles and precedents, the court emphasized that customs contrary to public good and benefiting only specific individuals could not be enforced. Consequently, the court dismissed the appeal, upholding the lower court's decision to decline the injunction and emphasizing that damages would be an adequate remedy if a legal enforceable right existed. In conclusion, the judgment addressed the validity of the mortgage, the entitlement to scavenging rights based on custom, and the claim for a permanent injunction, ultimately dismissing the appeal and affirming the lower court's decision.
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