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1961 Supreme(Ker) 269

M.MADHAVAN NAIR
Chekku Moulavi – Appellant
Versus
Kunju – Respondent


Judgment :-

1. This Second Appeal is by the 1st defendant in a suit for damages for breach of covenant of title in the sale deed executed by him in favour of the plaintiff. He was the owner of suit A and B schedule properties. He obtained the same by virtue of the decree in the partition suit, O.S. No. 500 of 1931, subject to a charge for Rs. 2000/- in favour of Mahomedunni. On October 31,1945, he sold A schedule property to the plaintiff as per Ext. A-2, and the B schedule to the 2nd defendant by another document. The sale deed Ext. A-2, made mention of a hypothecation for Rs. 1,500/- executed by the 1st defendant in favour of one Ayidruman but not of the charge declared by the decree in favour of Mahomedunni, and made an express covenant "assuring you hereby that there is no debt, other than the one for Rs. 1,500/- mentioned above, charged on the property scheduled hereunder and also that there are no other persons interested in this property." According to the plaintiff the charge in favour of Mahomedunni was suppressed by the vendor, the 1st defendant. Mahomedunni's rights devolved on Kunhali by successive assignments and the latter instituted a suit to enforce the charge, in O



















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