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Mysore law reports


Mysore law reports

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    Available in PDF Format | Mysore law reports.pdf | Unknown
    Mysore (India : State). Chief Court
Excerpt from book: 1S89. were held, for Revenue purposes, jointly and sever- andAauothe'r J liable for the Revenue : legally and for all other K. Subbana purposes, there was an entire separate and distinct ownership of the different properties- In para 14 of his judgment, the Siib-Judge describes, the 4th and 5th Defendants as co-occupants of the lands purchased by them at auction. That is not correct. The 1st and 2nd Defendants had a separate and distinct ownership over the lands : the 4th and 5th Defendants had no right to the occupancy or enjoyment of those lands : they were, as regards the ownership of those lands, strangers to Defendants 1 and 2. Then again, in the case quoted by the Sub-Judge, the ratio decidendi was fraud on the part of the purchaser. It was found in the evidence that the 2nd Defendant, one of several co-lessors, had caused the property to be attached and sold for arrears of Revenue and had bought the property in order to avoid a permanent lease granted by the purchaser himself to the Plaintiff, and on that finding, it was held that the purchase was made in fraud of the Plaintiff, it was on the ground of fraud that the purchaser was not allowed the benefit of the Revenue Law : had he been so allowed, he would, as is pointed out in the judgment, have avoided a permanent lease which he had himself created. In the present case, as my colleague shows, the Defendants 4 and 5, so far from colluding with Defendants 1 and 2 to force on a sale and by that sale to avoid a charge on the property, exerted themselves, to prevent the sale. There is in this case, no direct evidence of any chapter{Section 4i ceo fraud on the part of Defendants 4 and 5, nor is there evidence of the existence of any facts, from which fraud could be presumed. K Sbbana Char, I agree to...  
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