High Courts(1891) 10 MAD CK 0012

Umade Rajuha Raje Damara Kumara Muddu Venkatappa Naidu Baharuvaru, Zamindar of Kalahasti vs Venkatapa

Madras High Court · Decided on 29 October 1891 · Citation: (1896) 6 MLJ 704

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Judgment

4 paragraphs · 100 words
1.

The suit was brought upon a bond executed to the late Zamindar of Kalahasti for an arrear of rent due for a previous fusli and it is argued that

the sum due under the bond is not a debt but rent within the meaning of Section 4, Sub-Section 2 of the Succession Certificate Act. We are not

able to accept the argument. The debt is now due upon the bond and is not rent. The character must be determined by the promise contained in

the document and not by the consideration recited for the promise. The petition is dismissed.