Bombay High Court Reports Volume 3

Bombay High Court Reports Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ... of action arose, when defendant gave some of the ground to one man and mortgaged it to another--there can, I think, be no doubt whatever. The agreement, it is true, mentions only ' I will not sell the ground '; but mortgaging, or giving, is equally an encroachment on the rights of the owner. I find that a cause of action has arisen. The special appeal came on for hearing this day before Coucn, C.J., and Nnwron, 'J. Dhirajlzil Mafhmvidris for the appellant, contended that the agreement of I-Iari had been misconstrued, and a wrong effect given to it, inasmuch as it contained merely a stipulation against selling the land; whereas, although there had been no sale, the forfeiture contemplated by it in the event of a sale alone had been enforced. N o cause of action had arisen: the mortgaging or leasing the land was not prohibited. Vislmanzilh Ndrciyrljn..ll(l1lCll'll$ for the respondent.---The document, after reciting that the grantee had occupied an old house, and was about to build a new and a larger house upon the grantor's ground, goes on to say: "Thereupon I took from you ground for building by a.sking you. Building a house thereon, I shall enjoy so long as I and my kinsmen live therein. I shall have no right to sell the ground to another." The right acquired by this document is merely the right of personal use. It is a grant to build a house and to live in it; but not to alienate in any way the ground or the building upon it. Mortgaging and leasing are both sales in a qualified sense of the term; and as such are in contravention of the conditions of the grant. Coucn, C.J.: --The decision in this case depends upon the construction to be given to exhibit No.3, which is an express acknowledgment...
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Product details

  • Paperback | 160 pages
  • 189 x 246 x 9mm | 299g
  • United States
  • English
  • black & white illustrations
  • 123686560X
  • 9781236865601