9911796707
TMI Blog1930 (5) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... hore and Mt. Janki Kuar in equal shares. On or about the time when the lease was executed Nand Kishore borrowed ₹ 2,500 from the lessee, but left that amount with him for payment to one Mangal Sen, in whose favour he had executed a promissory note for ₹ 2,100. 2. Under the terms of the lease ₹ 1,015-8-0 was payable to Mt. Janki Kuar. As regards his share of the rent, Nand Kishore entered into the following arrangement with the lessee. It was agreed upon that out of the rent due to Nand Kishore, i. e., ₹ 1,015-8-0 annually, the lessee would be entitled to deduct ₹ 500 per year with interest on the amount of ₹ 2,500 advanced by him to Nand Kishore at the rate of one rupee per cent per mensem. One Niadar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not be enforced against his transferees. The lower appellate Court has taken a different view. It held that the plaintiffs, as the transferees of Nand Kishore, must be taken to take the property purchased by them subject to the conditions which bound the property at the time of the auction sale. 5. The principle question which arises in the case is as to whether a charge has been created upon the property by the lease, dated 8th August 1923. The answer to this question depends upon the construction of the lease. The covenant contained therein that the lessee should appropriate to himself a portion of the rent payable by him towards the satisfaction of a debt due to him is a material term in the lease and, as such, is as much binding o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A father, upon the marriage of his daughter, executed a deed whereby he covenanted to pay his daughter an annuity, and for the purpose of securing annuity appointed a receiver of the rents and profits of lands to which he had an estate for life with a direction to apply the moneys received as specified in the deed. 7. It was held that the deed created a charge upon the father's life estate in the lands. 8. In order to constitute a charge it is not necessary to employ any technical terms; where the intention of the parties concerned was to indicate in unambiguous language that a definite fund should be employed for the discharge of a particular debt or claim and there is no ambiguity either as to the amount of the debt or the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his plea does not arise from the pleadings. Upon a true construction of the lease, a charge was created in favour of the lessee. The said charge being contained in a registered instrument, the auction-purchasers must be deemed to have purchased the property with constructive notice of the existence of the charge. We are therefore of opinion that the contention put forward is without any force, being opposed to principle and unsupported by authority. 11. It is next contended that the plea put forward by the defendant vendee upon the terms of the lease as regards the payment of the debt due to him amounts to a plea of set-off and, as such, it offends against Section 193, Clause C, Agra Tenancy Act. The argument proceeds on the assumption t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
