Bare claim for contract damages is not an actionable claim and cannot be transferred under property law.

A bare claim for damages arising from breach of contract is a mere right to sue and is not an actionable claim under the Transfer of Property Act. Because such a claim is neither a debt nor a beneficial interest in movable property, it cannot be assigned or transferred. The Bombay High Court therefore treated the claim as non-transferable, and the appeal failed with the decree against the appellant left undisturbed.

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Issues: Whether a claim for damages for breach of contract is transferable as an actionable claim under the Transfer of Property Act.

Analysis: The right sought to be transferred was only a claim for damages arising from an alleged breach of contract. Such a claim is a mere right to sue and does not amount to an actionable claim within the statutory definition, since it is neither a debt nor a beneficial interest in movable property. A bare claim for damages for breach of contract cannot therefore be assigned under the Act.

Conclusion: The claim was not transferable and the appeal failed.

Final Conclusion: The judgment confirms that a bare right to recover damages for breach of contract is not assignable as an actionable claim, and the decree against the appellant stood.

Ratio Decidendi: A mere right to sue for damages for breach of contract is not an actionable claim and cannot be transferred under the Transfer of Property Act.

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