High CourtsDivision Bench(1885) 12 CAL CK 0009

Rajanikanth Nag Rai Chowdhuri vs Hari Mohan Guha and Others

Calcutta High Court · Decided on 2 December 1885 · Citation: (1885) ILR (Cal) 470

HON’BLE JUDGES
O''Kinealy, J · Cunningham, J

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Judgment

1 paragraphs · 98 words

Cunningham, J.—We think that under the circumstances of this case the Court below was right in holding that what the plaintiff purchased was an actionable claim. It appears to have been merely a right to set aside a document on the ground that the person by whom it was executed exceeded his powers. Without going any further, therefore, into the question of the meaning of those words under the Transfer of Property Act, we consider at any rate that they cover such a right as the one now in question. The appeal must, therefore, be dismissed with costs.