High CourtsDivision Bench(1912) 05 MAD CK 0005

Kuttuva N. Letchumana Bagavathar vs Thoppai L. Venkatramaier

Madras High Court · Decided on 1 May 1912 · Citation: 15 Ind. Cas. 234

HON’BLE JUDGES
Wallis, J · Sankaran Nair, J

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Judgment

6 paragraphs · 144 words
1.

This is a case of transfer by a joint sub-lessee of his interest in the sublease. The transfer is of the ""umari plants now standing or that may

hereafter form in the undermentioned villages,"" and was, therefore, a transfer of an interest in Immovable property according to the decision in

Seeni Chettiar v. Santhanathan Chettiar 20 M.l 58. Therefore, it can only be made by a registered instrument executed by the transferor. The

recent decision in Syed Ajam Sahib v. Ananthanarayana Iyer 35 M.l 95 : 8 M.L.T. 437 : 8 Ind. Cas. 668 : 1 M.W.N. 766 : 21 M.L.J. 202 does

not apply as the document before us is not a lease, and we are not prepared to extend it. We allow the appeal and restore the decree of the

District Munsif with costs here and in the lower Appellate Court.