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1920 Supreme(Mad) 48
IN THE HIGH COURT OF MARAS
Oldfield, S Aiyar
Muthu Hengsu
Versus
Netravathi Naiksavi
Decided On : 6 February, 1920
The legal incidents of the transferor's interest, including rents and profits due after the transfer, are governed by Section 8 of the Transfer of Property Act.
Headnote:
Transfer of Property Act - Profits - The court held that on a transfer of property, the legal incidents of the transferor's interest, which are to pass, shall include the rents and profits due after the transfer. The court referred to the case law and English authority to support the decision.
Fact of the Case:
The lower Appellate Court's findings were mostly agreed upon, except for the profits before the assignment of 20th July 1915.
Finding of the Court:
The court allowed the appeal, reduced the amount decreed by Rs. 62, and confirmed the decree in other respects. Parties will pay and receive proportionate costs throughout.
Issues: The issue revolved around the profits before the assignment of property and the legal incidents of the transferor's interest.
Ratio Decidendi: The court relied on Section 8 of the Transfer of Property Act and case law to determine the legal incidents of the transferor's interest in relation to rents and profits due after the transfer.
Final Decision: The appeal was allowed, the decreed amount was reduced, and the decree was confirmed with proportionate costs to be paid and received by the parties.
1. We agree with the find, logs of the lower Appellate Court except as to the profits which accorder before the assignment of 20th July 1915. Section 8 of the Transfer of Property Act provides that on a transfer of property, the legal incidents of the transferors interest, which are to pass, shall include the rents and profits due after the transfer. In Kocharla Seetamma v. Pillala Venkatarammanayya 21 lnd Cas. 387 : 38 M. 308 : 14 M.L.T. 819 : 25 M.L.J. 410 : (1913) M.W.N. 918 it was held that a transfer of a claim to pass profits was invalid: and this is in accordance with English authority: Defrres v. Milie (1918) 1 Ch. D 98 : 82 L.J. Ch. 1 107 L.T. 598 : 57 S.J. 27.
2. We must, therefore, allow the appeal, reduce the amount decreed by Rs. 62, and confirm the decree in other respects. Parties will pay: and receive proportionate costs throughout.
