High CourtsDivision Bench(1940) 09 AHC CK 0045

Babu Lal and Others vs Man Singh

Allahabad High Court · Decided on 30 September 1940

HON’BLE JUDGES
Thomas, C.J · Ghulam Hasan, J
RESULT
Disposed Off
CASE NUMBER
First Civil Appeal No. 9 of 1937

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Judgment

1 paragraphs · 134 words
1.

The second portion of sub Section (2) of S. 61, leaves no room for doubt that a covenant of warranty of title given by the Court of Ward do behalf of a Ward under its superintendence can be enforced in a Court of law against the ward at the instance of the covenanted and that the ward shall be personally bound to make good the loss to the transferee from the Court of Wards on behalf of the ward If the title to the property is subsequently discovered to be defective and the transferee is exposed to the risk of eviction by the title paramount from the property. It is not necessary that in order to impose a personal liability upon the ward the covenant in the deed must be an express covenant.