1906 (8) TMI 1

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..... achelam Patter of Thathamangalain Patinharay Gramam, 7th Chingam 1075 is an assignment. (Vide Section 130 of the Transfer of Property Act.) This question has not been decided by the Subordinate Judge. We accordingly direct the present Subordinate Judge to decide the following issue on the evidence on record: Does the endorsement on Exhibit A amount to a valid assignment in favour of the pla .....

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..... ssary to effect such a transfer, if the intention to transfer is clear from the language used. Now the endorsement in question does not indeed contain any words whatsoever to show that the sum due under A has been assigned to the plaintiff. It is on the face of it an order for payment of that sum to the plaintiff and seems to be the result rather of an assignment than an assignment itself; but as .....

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..... ind that the endorsement in question is a valid equitable assignment in favour of the plaintiff. JUDGMENT 4. On the issue sent down the Subordinate Judge finds that the endorsement on Exhibit A amounts to a valid assignment. 5. Mr. Rosario takes objection to the finding, but we think the Subordinate Judge's conclusion is right. 6. The transfer set up is effected by a simple directi .....

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