High CourtsDivision Bench(1908) 09 MAD CK 0026

Puttanna and Another vs Korapolu alias Bhagi Ammal and Others

Madras High Court · Decided on 10 September 1908 · Citation: 2 Ind. Cas. 617

HON’BLE JUDGES
Munro, J · Abdur Rahim, J

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Judgment

4 paragraphs · 99 words
1.

We are of opinion that the plaintiff has no charge upon the property for her maintenance. The sale-deed creates no such charge. It is the seller

and not the plaintiff who would have a charge upon the property for any unpaid purchase money. What the plaintiff relies upon is merely a

covenant by the vendee with the vendor to pay the plaintiff a certain quantity of rice annually. Such a covenant would not give rise to a charge Vide

Webb v. Macpherson 31 C.h 57. We, therefore, allow the appeal and dismiss the plaintiff''s suit with costs throughout.