9911796707
TMI Blog1902 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... was accordingly made to commence with the Fasli year 1319; it was expressed to be perpetual, the annual rent was fixed, its recovery, as well as that of road-cess and other charges, was provided for, and the rights and obligations of both parties defined. A counterpart of the lease was executed, and both lease and counterpart duly registered. 3. During the negotiations for the lease it was agreed between the Raja and Ramasamy that, in consideration of his obtaining the lease, Ramasamy should pay to the Raja a sum of ₹ 500 a month for a period of ten years from July, 1895. 4. On July 9, 1895, the arrangement with regard to the payment of ₹ 500 a month was put in writing in the form of a letter addressed by Ramasamy to the Raja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h its incidents. In paragraph 5 he further assigned "all and singular the outstanding debts arrears of rent mesne profits claims demands and sums of money of whatsoever kind or description now due owing or payable to the settlor on any account whatsoever and all rights to prosecute any suit or other proceeding existing in favour of the settlor at the date of these presents and also all monies hundies cheques currency notes or other securities for money now in the Huzur Treasury Office at Ramnad and in the several Taluq Treasuries in the said zamindari and also all securities for such debts arrears of rent mesne profits claims demands and sums of money as aforesaid or any of them and other documents in respect of the same respectively a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttalais respectively (other than the dhurma magamai and jari magamai payable in respect of devastanams and charities) and reserving also unto the settlor all rights to prosecute any suit or other proceedings now existing in respect of the same and to or in which he is a party or is otherwise interested and also all movable property in or about the buildings and premises erected and being on the said lands and premises firstly secondly thirdly and fourthly described in the said first schedule hereto and reserving also unto the settlor during his life the right at all times to reside with the members of his family in the several palaces and buildings comprised in the said lands and the zamindari and in the said premises described in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2, 1895, and that therefore neither Ramanadhan nor his representatives had any right to sue upon the agreement. 14. The Subordinate Judge decided in the plaintiffs' favour upon both points, and made a decree in accordance with the claim of the plaint. An appeal was filed in the High Court of Madras, and that Court reversed the decision of the Lower Court and dismissed the suit, holding that both the grounds of defence were good in law. 15. With respect to the first of these questions, that going to the legal validity of the agreement for the payment of ₹ 500 a month, it is necessary to refer to certain of the terms of three-Acts of the Indian Legislature. 16. Section 92 of the Evidence Act (I. of 1872) enacts that: When the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm no part of the terms of the holding under the lease; their effect will be exhausted some years before the lease takes effect. The payment bargained for is no charge on the property; it is not rent nor recoverable as rent, but a mere personal obligation collateral to the lease. Their Lordships are of opinion that the agreement is not affected by Section 92 of the Evidence Act; and that there is nothing in the Registration Act or in the Transfer of Property Act which required that it should be registered as part of the lease. 20. The second question is whether the respondents are right in their contention that the benefit of Ramasamy's agreement to pay ₹ 500 a month to the Baja passed to the trustee under the trust deed of July ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ramasamy all the installments now sued for accrued due after the date of the trust deed. 22. It was further suggested that the words in the same paragraph, "all monies hundies cheques currency notes or other securities for money now in the Huzur Treasury Office at Ramnad," included Ramasamy's letter of July 9, and that therefore the Raja's right to the ₹ 500 a month passed under the trust deed. As to this suggestion, it is sufficient to say that there is no evidence that the letter in question was in the treasury when the deed was executed. All that appears is that on July 12, the day on which the trust deed was executed, but whether before or after the execution does not appear, the letter was sent to the treasury ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
