Kally Doss Seal vs Nobin Chunder Doss

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1887 Supreme(Cal) 98

TREVELYAN
Kally Doss Seal – Appellant
Versus
Nobin Chunder Doss – Respondent

ORDER

Trevelyan, J. - In this case I have to consider whether a good title can be made to a certain house which has been sold in pursuance of a mortgage decree.

2. The matter was in accordance with the rules of the Court referred in the first instance to the Registrar, who has reported that a good title cannot be made out to the property.

3. Counsel on both sides have cited oases to me as to what sort of title the Court can force on an unwilling purchaser.

4. The result of recent cases on this subject is laid down with precision in the last edition of Fry on Specific Performance, p. 388. On examining the title I will refer afterwards to what is there laid down. The abstract of title started with the mortgage, which recited that the mortgagor was possessed of, or otherwise well and sufficiently entitled to, the house and premises.

5. On investigation the purchaser discovered a deed of the 11th of March 1858, made between the mortgagor and his, brother Earn Chunder Doss and referring to this and other properties. This deed recites that one Jogul Kishore Doss, who was the paternal grandfather of these brothers, purchased in his lifetime (in the name of and appropriated for the sole purpose

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